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Results of s 138 n i act

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CALCUTTA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Court can grant exemption from personal appearance even without first appearance...........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Offence is compoundable - Parties settling the matter under which accused agreed to make payment of cheque amount - Accused failed to make payment - Held, this does not amount to admission of guilt by accused - Accused has right to contest the case on..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Offence is compoundable - Accused has no power to apply for compounding of offence - Power to compound has been given either to the complainant or affected person or other persons standing in their shoes...........

RAJASTHAN HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Trial court convicted and sentenced accused on account of dishonor of cheque - Conviction upheld by appellate court - Application for compounding filed by complainant before Revisional Court - Complainant being a person competent to compound an offence, hence compounding..........

GUJARAT HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Insufficient funds - Funds can be checked online at the bank branch where it was presented and cheque need not to be sent to the bank branch from where it was issued - Offence is committed when it is found that there are insufficient funds...........

MADRAS HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by officer on behalf of company - However, no authorization executed in favour of said officer - Held, it would not vitiate complaint proceedings - It is only an irregularity which can be ratified or rectified subsequently...........

MADRAS HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Every person who is in-charge and responsible for day-to-day affairs of company is liable to be prosecuted - Complaint proceedings cannot be vitiated on ground that company not arrayed as co-accused...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Cheque issued from an account not maintained by accused but by someone else - Accused cannot be prosecuted as one of the ingredients that cheque must have been issued on an account maintained by him not fulfilled - Complaint quashed...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To constitute the offence, ingredients required to be fulfilled are : (i) a person must have drawn a cheque on an account maintained by him in a bank for payment of a certain amount of money to another person from out of that account; (ii) The cheque should have been issued for the discharge, in whole..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - An offence is committed u/s 138 of the Act only when all the ingredients of the offence are satisfied...........

Showing : 2321-2330 of 4498 Results