Showing : 201-210 of 4901 Results

KARNATAKA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 407-- Dishonour of cheque - Jurisdiction - Transfer of complaint u/s 138 of the Act from Court `B' to Court `K' - If cheque is delivered for collection through account, the branch of bank where payee or holder in due course maintains account is situated, shall have jurisdiction to try case - Therefore,..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Proceedings u/s 138 of N.I.Act are not recovery proceedings and in a given case Criminal Court may only award sentence of imprisonment...........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Irrespective of complaint proceedings u/s 138 of the Act creditor has right to institute civil suit for recovery of his debt and same is recoverable only if it is a legally enforceable debt or other liability...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Determination of age of cheque and ink on the cheque - No pleadings or submission in this regard while replying to the notice or making submissions before Court - Moreover, signatures admitted by petitioner and other parameters appearing to be in conformity with provisions of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69(2)-- Dishonour of cheque - Complaint by unregistered partnership firm - Bar u/s 69(2) of Partnership Act is not applicable to proceedings u/s 138 of NI Act...........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 265A, Negotiable Instruments Act, 1881, Section 138-- Plea bargaining - Offence u/s 138 of N.I.Act - It may not be appropriate for trial Court to take recourse to plea bargaining process under Chapter XXIA Cr.P.C. in relation to complaints for offence punishable u/s 138 of N.I. Act - If parties are willing, trial Court should endeavour to refer to..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 265A, 357(3), Negotiable Instruments Act, 1881, Section 138-- Plea bargaining - Offence u/s 138 of N.I. Act - Sentence to pay compensation along with default sentence without any substantive prison sentence or sentence to pay fine - Unsustainable, as it is illegal...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Evidence Act, 1872, Section 138-- Cross-examination of PWs - Opportunity granted subject to payment of costs to be deposited within 15 days - Delay in deposit by 9 days - Delay explained in application for extension of time - Order declining extension of time set aside...........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of six cheques - Cheques issued in consequence of OCC/OD limit of Rs.50 lakhs availed by accused from complainant bank which makes a legally enforceable liability qua accused - Cheques and demand notices issued on different dates constituting separate cause of action - It does not form..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 30-- Dishonour of six cheques - Default sentence - Accused directed to pay a fine of Rs.1 lakh in each compliant as compensation to complainant bank and in default of which further to undergo S.I of 1 month for each complaint cases by Trial Court - It shows nothing biased/adverse qua accused - No..........

Showing : 201-210 of 4901 Results