Showing : 1-10 of 14 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissed of complaint in default - Complainant diligently pursuing his remedies and he also have given an explanation for his no, appearance on the date fixed due to wrong noting down of date - Even otherwise there is no reason as to why complainant would stop pursuing his..........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Cheque number - Non mentioning of cheque number or mentioning of wrong cheque number - Accused cannot claim that notice is bad or not in proper form to invalidate the cause of action - No express or specific form of notice is prescribed under the Act...........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Demand notice - As per accused, demand notice not received by him as it was sent on wrong address appears to be incorrect as summons by Court which were sent at the same address, were received by him - Moreover, notice which was sent by UPC did not return, which indicates..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Amendment of complaint - Typographic error in mentioning wrong cheque number - No person can be penalized for his bonafide mistake - Amendment allowed...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Conviction - Accused neither replied to notice nor repaid amount of cheque - Both cheque issued on the name of complainant - Contention that notice sent to wrong address found incorrect - Conduct of accused shows that he had no intention to repay amount of cheque -..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 462-- Dishonour of cheque - Complaint - Wrong territorial jurisdiction - Effect - Held, S.462 Cr.P.C. says that no proceedings in a wrong place shall be set aside unless it appears that such error has occasioned a failure of justice - Even it is held to be within a wrong territorial jurisdiction would..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 256, Criminal Procedure Code, 1973, Section 482- - Dishonour of cheque - Complaint - Dismissal for no, prosecution - Validity - Petitioner failed to appear on date fixed by trial Court because of wrong noting of date by his Counsel - Complaint dismissed for no, prosecution and accused acquitted - Held, it is a fit case for exercise of powers u/s..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427, 482-- Dishonour of cheque - Conviction on the complaint of different complainants - Offence not committed during course of same transaction - Consecutive sentence - Accused is a lady and she is in jail since more than 8 months - When a given transaction constitutes two enactments it is wrong to have..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Wrong institution of complaint - Initiation of proceedings and taking cognizance by Magistrate who has no jurisdiction to entertain complaint - Held, it is only a curable defect which can be rectified by giving an opportunity to respondent to withdraw complaint and present..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114(g)-- Dishonour of cheque - Notice - Sent at wrong address - Postal acknowledgement not produced - Presumption arises that complainant failed to produce best evidence available i.e. original register maintained by postal authorities - Acquittal calls for no interference...........

Showing : 1-10 of 14 Results