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Results of 138 of n i act notice

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Showing : 481-490 of 1066 Results

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..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - `Lost cheque' - While issuing instructions to bank to `stop payment' it was not mentioned that cheque was lost - Accused failed to reply to the statutory notice - Leads to inference that there was merit in the complainants version...........

CALCUTTA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Duty of Court - held, in a case where the question is one of quashing of a complaint, the only thing that Court has to see whether on the face of allegations the offence has been made out or not - In present case, it cannot be said that complaint was filed without issuing demand..........

GUJARAT HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint signed by lady as proprietor of firm - Statutory notice issued by her - Her Power of Attorney examined himself on behalf of her principal deposed that he was given power only for prosecuting complaint - Power of Attorney holder, neither has any personal knowledge of entire transaction,..........

ALLAHABAD HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused summoned - Complaint sought to be quashed on the ground of non mention of date of service of notice in the complaint - It was mentioned in complaint that notice was served by registered post on correct address which was not received back - There is presumption of service of notice - Complaint..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138(c), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Held, a pre mature complaint after service of notice within fifteen days, if filed, is maintainable, but summoning order can be issued and cognizance can be taken after a period of expiry of fifteen days of service of notice -..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice sent on correct address - It is deemed to have been served on sendee unless he proves that it was not really served and that he was not responsible for non service...........

KARNATAKA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Merely issuing notice from Bangalore does not confer jurisdiction on Court at that place when both parties are in Mumbai and cheque was issued and dishonoured at Mumbai and it was in Mumbai that accused received notice of dishonour of cheque - Complaint ordered to be returned to be..........

MADRAS HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by firm - Prosecution of partner - Quashing of - No notice was given to him - Held, petitioner cannot be prosecuted for the offence u/s 138 of NI Act when no statutory notice was issued to him - Offence u/s 138 of NI Act would be committed only..........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Rebuttal - Some innocuous inconsistency between the real nature of transactions and the pleading regarding such transactions, in complaint and notice, is not sufficient to hold that the burden of the accused is discharged...........

Showing : 481-490 of 1066 Results