Showing : 2341-2350 of 4924 Results

KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Cheque issued against loan - Date of loan on which it was advanced not stated - Loan advanced in January but cheque bears date of March - It is clear that no consideration has passed under the cheque in March as even according to complainant loan was advanced in..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Existence of debt is not the subject matter of presumption u/s 139 of the Act - The drawee of the cheque has to prove the existence of debt or liability - It is only upon such proof of existence of debt that presumption u/s 139 of the Act to the effect that..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 420, Negotiable Instruments Act, 1881, Section 138-- Prosecution allegation that petitioner in connivance with co-accused prepared fake cheque with an intention to cheat complainant - FIR lodged u/ss 379, 420 IPC - Complainant member of Co-operative Society and was issued a cheque book which was in possession of Secretary, co-accused - Cheque..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Accused alleged that a blank cheque was issued by way of security - Complaint filed at a place where neither agreement executed nor cheque issued - Held, continuation of proceedings would be an abuse of process - Proceedings quashed...........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401-- Dishonour of cheque - Conviction - Revision against - Fine of Rs.1., 50, 000/- imposed - Conviction confirmed - However, sentence of fine reduced from Rs.1.50 lacs to Rs.1.10 lacs payable to complainant as compensation, within three months...........
CLACUTTA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 374-- Dishonour of cheque - Proceedings terminated in conviction - Appeal dismissed on ground that neither accused nor his lawyer came present in Court on date fixed - Held, criminal appeal preferred against order of conviction cannot be disposed of without giving opportunity of hearing to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 147-- Dishonour of cheque - Compounding of offence - During pendency of revision petition matter has been compromised between the parties - Complainant has no objection if petitioner is acquitted - Held, offence liable to be compounded - Conviction and sentence awarded by trial Court set aside -..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 142(b)-- Dishonour of cheque - Complaint - Delay - Condonation - Opportunity of hearing must be given to accused before condoning delay - Impugned order passed, condoning delay, without issuing notice of application for condonation of delay to accused, set aside...........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Sought on ground that it was admittedly barred by time and delay was condoned without issuing notice to accused/petitioner - Held, impugned order liable to be set aside - Magistrate shall give an opportunity to accused/petitioner before passing orders..........
UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 142(2)-- Dishonour of cheque - Complaint - Condonation of delay - Delay can be condoned only after giving an opportunity of hearing to the accused - If application is allowed only then Magistrate has to proceed further on the question as to whether accused is to be summoned or not...........

Showing : 2341-2350 of 4924 Results