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Complaint against dishonor of cheque payable AT PAR can be filed ...
The Apex Court in its judgment of Dasrath Singh Rathod has held that “… it is ... The Supreme Court while dealing with the aspect of determining ... to cases under Section 138 of the Negotiable Instruments Act. Prosecution in ... |
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LSM Attorneys, Advocates & Legal Services - Pune, Maharashtra ...
In landmark verdict on point of jurisdiction, Hon'ble Bombay High Court after ... 138 of NI Act can be filed where its dishonoured under principles of At Par Banking. ... of the Supreme Court finally held that a Compla... int of Dis-honour of Cheque ... the complaint but it is another thing to say that dishonour of a cheque by itsel... |
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Nishant Aggarwal vs Kailash Kumar Sharma on 1 July, 2013
IN THE SUPREME COURT OF INDIA ... 9 of 2010 before the Court of J.M.I.C., Bhiwani under Section 190 of the Code ... filed under Section 138 of the N.I. Act is concerned, the decision of this ... It must be remembered that offence under Section 138 would not be completed with the dishonour of the cheque. |
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Jurisdiction of Courts in Cheque Bouncing Matters : The ... - Legal Blog
Let me thus note Section 138, NI Act which reads as under:- ... that in para 14 of the decision, the Supreme Court highlighted that there are 5 acts which ... .. thing to say that dishonour of a cheque by itself constitutes an offence. |
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Procedure laid down under N I Act for trial of 138 cases and ...
Introduction IndianBanks Associationfiled a PIL in Supreme court for ... offence u/ s 138 of NI Act and procedure laid down for filing of complaints under the NI Act. ... Act, it has drawn the following conclusions at Para 16 of the judgment: ... of dishonour of cheque since offence under Section 138 of the Act is a ... |
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Trend of judgments of Supreme court in cheque dishonour cases
Trend of judgments of Supreme court in cheque dishonour cases ... Offence under Section 138 of the N I Act,1881 shall be deemed to have been ... observation made at para 7 is not in harmony with the object of the Act. |
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Banking & insurance - Supreme Court Judgments
138 - Dishonour of Cheque - Complaint - Transfer of Complaint - Legality ... Banking & Finance - Criminal - Practice & Procedure - Negotiable Instruments Act , 1881 ... .. judgments of Courts below was set aside and matters were remitted back to ... .. par with similar arrangement - Therefore it was not possible for that the Court... |
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Breaking; Dis-honour of Cheque cases can be filed only to the Court...
The Supreme Court in Dashrath Rupsingh Rathod Vs. State of Maharashtra & Anr. ... it is another thing to say that dishonour of a cheque by itself constitutes an offence. ... (i) An offence under Section 138 of the Negotiable Instruments Act, 1881is ... Hence recent judgement didn!t apply to the at par cheques. |
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Breaking; Dis-honour of “AT PAR” Cheque; Complaint can be filed in ...
State is not applicable to “AT PAR” Cheques [Read the Judgment] ... Bench of the Supreme Court held that dis-honour of Cheque cases can be filed ... cases under Section 138 of the Negotiable Instruments Act. Prosecution in such ... the offence of dishonour of the cheque punishable under Section 138 is ... |
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Dishonour of Cheque - Section 138 of the Negotiable instruments Act
... Act, 2002, legal recognition has been accorded to e-cheques and they have been brought at par with the normal cheques. ... This has been held by the Hon' ble Supreme Court of India in- ... 2005 (5) CRIMINAL REPORTED JUDGEMENTS (CRJ) 0591; ... OTHER NOTABLE ASPECTS OF OFFENCE UNDER 138 N.I. Act. |
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE ...
the offence punishable u/s 138 of Negotiable Instruments Act. He wants that the ... summing up the judgment, the Hon'ble Supreme Court has said at para ... dishonour of the cheque punishable under Section 138 is committed. |