Showing : 811-820 of 2734 Results

KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389(3)-- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - Such an accused when directed only to appear to receive judgment must be held to be person to whom the benefit of S.389(3) is available...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Absence of complainant - Mere absence of a complainant does not entail consequences u/s 256 Cr.P.C. - Presence of complainant can only be insisted if progress of the case demands such appearance - On all other dates from the date of filing of complaint to date of judgment he..........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Offence u/s 138 of the Act is both technical as also one involving no moral turpitude...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205-- Dishonour of cheque - Summons - Magistrate can dispense with personal attendance of accused at the time of issuance of summons - There is no impediment whatsoever for a fair and efficient trial if only a summons u/s 205 Cr.P.C. is issued in all prosecutions u/s 138 of the Act...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205-- Dishonour of cheque - In a prosecution u/s 138 of the Act discretion u/s 205 Cr.P.C. must be exercised in favour of accused...........
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 - When summons are issued u/s 204 Cr.P.C. then at any stage before actual appearance of accused or after such appearance, power u/s 205 Cr.P.C. can be invoked...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Partnership firm - Dissolved during pendency of proceedings before trial Court and converted to a company - Person authorised to represent the erstwhile firm has to take permission from Court u/s 302 Cr.P.C. to continue the proceedings, in view of the dissolution of the firm..........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 255(1)-- Dishonour of cheque - Complainant ceasing to be in existence or is not properly represented at any point of time - Amounts to absence of complainant - Court has to proceed u/s 256(1) and not under S.255(1) Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378, 256(1), 302-- Dishonour of cheque - Accused acquitted u/s 256(1) Cr.P.C. on the finding that complainant ceased to be in existence and there was no application by a competent person to continue the prosecution u/s 302 Cr.P.C. - Appeal filed by firm is incompetent...........
DELHI HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Once the holder of the cheque received the cheque of the nature mentioned in S.138 of the Act, the presumption u/s 139 would arise that it is for the discharge, in whole or in part or any debt or other liability...........

Showing : 811-820 of 2734 Results