Showing : 2341-2350 of 5003 Results

BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220, Indian Penal Code, 1860, Section 420-- Joint trial for offence of cheating and dishonour of cheque - Offences of dishonour of cheque and cheating though are totally distinct and their ingredients also different still accused can be charged and tried for both offences during single trial, if committed during same transaction...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Sale agreement - Cheque issued to refund payment of earnest money in eventuality of sale agreement not materialising - No evidence of execution of sale agreement - Eye witness to the sale agreement also not produced - Held, cheque was not issued for discharge of any liability..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 62, 63, 64, 65-- Dishonour of cheque - Service of summons - Can be effected through registered post/speed post or by courier - Court can declare served in case there is refusal to receive summons - Court can take coercive measures for entering appearance of accused - Service by affixation is a valid mode of..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Many accused - Some not appearing - The whole purpose of summary trial shall stand defeated if accused who are served are asked to come to Court repeatedly till the other accused are served - Plea of accused to be recorded on the day of his appearance and if that accused gets..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Procedure of summary trial enable the respondent to lead defence evidence by way of affidavit and documents - An accused who considers that he has a tenable defence and case against him is not maintainable, can enter his plea on the very first day of his appearance and file..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued to discharge the liability of another person - Cheque dishonoured - Person issuing the cheque is liable u/s 138 of the Act and not the person whose liability was discharged...........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compromise - Court should inform accused that in case he wants to make the payment of the cheque amount, he should either in person or through his counsel or representative should send the cheque amount, either in cash or through draft - Case will thus come to an end...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - An action in respect of a criminal or a quasi criminal provision has to be strictly construed in keeping with the provisions alleged to have been violated - Proceedings in such matters are in personam and cannot be used to foist an offence on some other person, who under the..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 143, 145-- Dishonour of cheque - Summary trial - Procedures to be followed - (1) On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, Court shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & direct issuance of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - To attract the provision of S.138 of the Act, a cheque which is dishonoured should have been drawn by a person on an account maintained by him with the banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part..........

Showing : 2341-2350 of 5003 Results