Showing : 791-800 of 2755 Results

DELHI HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142-- Dishonour of cheque - Limitation - Question as to whether cheque was presented to the drawer's Bank within limitation - It is a matter of evidence which can be decided at the appropriate stage at trial...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued towards payment of amount due under a promissory note - Without proving execution of promissory note and the consideration for it, an offence u/s 138 of the Act is not made out...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Cheque in favour of Govt. company - Complainant when a public servant, the statute exempts examination of the complainant and the witnesses, before issuing process...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Company - Payee should be the complainant - If company is the payee then complaint should be filed in the name of the company - A company can be represented by an employee or even by a non employee authorized and empowered to represent the company either by a resolution or by..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 21-- Harmonious consideration to be given to S.142 NI Act and S.200 Cr.P.C. - Dishonour of cheque issued in favour of Govt. Company - Complaint filed by company through public servant - Held, that in such cases company becomes a defacto complainant and its employee or other representative, representing..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Proceedings cannot be quashed merely for the reason that arbitration proceedings are pending - There can be no bar to the simultaneous continuance of a criminal proceeding and a civil proceeding if the two arise from separate cause of action - Order of High Court quashing..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Endorsement 'reported stolen' - Intention of drawer is clear that he wanted either to stop payment or dishonour the cheque - Dismissal of application to drop proceedings - Order upheld...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Stop payment or closing of account - Means there was no money in the account - Held, it is squarely covered by S.138 of the Act...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Reported stolen - Intention of drawer is clear that he wanted either to stop payment or dishonour the cheque...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 205-- Dishonour of cheque - Summons issued - Subsequent issuance of warrants - Not a reason to insist personal appearance of accused to consider an application for exemption or to plead guilty or not guilty, if Court is satisfied that there is ground to grant exemption...........

Showing : 791-800 of 2755 Results