Showing : 211-220 of 4960 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan - Income tax returns - Photocopies - Showing advancement of loan and name of accused mentioned therein - Accused cross examined complainant with regard to income tax returns - Income tax return put to accused in his statement u/s 313 Cr.P.C. and he simply stated that..........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2)-- Dishonour of cheque - Sentence of fine - Power of Magistrate - Magistrate at the relevant time in 1999 had no jurisdiction to impose a fine exceeding 5000 in view of limitation u/s 29 Cr.P.C. - It is only later in 2003, provisions contained in S.138 of N.I.Act was amended that too prospectively..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan - Failure to give specific date of advancement of loan - Not a sole ground to dismiss the complaint when accused admits issuance of cheque and his signatures on the same...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summons case - Magistrate failed to record statement of accused u/s 313 Cr.P.C again after examining third witness and after hearing parties proceeded to convict and sentence accused - Mandatory provision is thus, not complied with - Appellate Court rightly set aside..........
KERALA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 45, Negotiable Instruments Act, 1881, Section 138-- Expert opinion - Dishonour of cheque - Determination of age of handwriting and age of signatures - As of now there are no scientific and technical facilities available in India to scientifically determine age of the handwritings and signatures in a cheque - No useful purpose would be subserved to..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea of overwriting of date of cheque 1.7.2013 to 1.7.2014 - Cheque - This is a matter of fact which can be contested only before the trial Court - At this stage no cogent evidence/ground to disbelieve the statement of complainant given on oath before Court in support of his..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4), 2(wa)-- Dishonour of cheque - Appeal against acquittal - Complainant not a victim in terms of S.2(wa) of the Code - Appeal u/s 372 proviso is not maintainable - Complainant must avail the remedy of appeal provided u/s 378(4) of the Code after obtaining special leave...........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Failure to pay loan amount - Since judgment and decree in civil suit has attained finality between same parties with respect to same transaction and counsel of petitioner has not argued case on merit, plea taken by petitioners in present case loses..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Bank account number of complainant and e-mail ID of accused - In every complaint u/s 138 of the Act, it may be desirable that complainant gives his bank account number and if possible e-mail ID of accused - If e-mail ID is available with Bank where accused has an..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summons - In every summons, issued to accused, it may be indicated that if accused deposits the specified amount, to be assessed by Court having regard to the cheque amount and interest/cost, by a specified date, accused need not appear unless required and proceedings may be..........

Showing : 211-220 of 4960 Results