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Nov 29 2001 (HC)

Atlaz Degi-tel Pvt. Ltd. and ors. Vs. Atlaz Technology Pvt. Ltd. and a ...

Court : Mumbai

Reported in : 2002(3)BomCR70; 2002BomCR(Cri)325

..... those cannot be termed as 'any debt or other liability' as contemplated under section 138 of negotiable instruments act, 1881.in this context, a reference to section 139 of negotiable instrument act, 1881 as also section 118(a) of negotiable instruments act, 1881 will have to be made.section 139 of negotiable instruments act, 1881 reads as under:'139. presumption in favour of holder.---it shall be presumed, unless the ..... arbitration proceedings to settle the dispute, criminal court is not competent to adjudicate the said matter by issuance of process for an offence punishable under section 138 of negotiable instruments act, 1881 act.(iii) the court of cjm at jalgaon has no territorial jurisdiction to entertain the complaint and to take cognizance of the offence as, according to the petitioners ..... in the court of the learned cjm, jalgaon. process was issued by the learned cjm, jalgaon, against the petitioners for an offence under section 138 of negotiable instruments act, 1881 and the petitioners are therefore, challenging the said order of issuance of process and for quashing the said criminal case proceedings in as much as when there is ..... . 1 that a false reply was given by petitioners though they are liable to pay same. they committed offence under section 138 read with section 141 of the negotiable instruments act, 1881 and therefore, the said criminal cases are filed by the respondent no. 1 in the court of cjm, jalgaon. thereafter, the petitioner were served with summonses. .....

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Aug 21 1998 (HC)

Binod Sarawgi Vs. State of Bihar and anr.

Court : Patna

..... petitioner prayed for quashing' the entire criminal prosecution including the order on november 4, 1992, taking cognizance of the offence under section 138 of the negotiable instruments act, 1881, and under section 420 of the indian penal code in complaint case no. 654 of 1992.2. the facts of the case, in brief, ..... the jurisdiction of the bhagalpur court. according to learned counsel, the cause of action as contemplated under section 142 of the negotiable instruments act, hereinafter referred to as 'the act' arises at the place where the cheque was issued or at the place where the cheque was delivered to pay or ..... it would be useful to look into the relevant provisions of the said act. chapter xvii consisting of sections 138 to 142 was introduced by section 4 of the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988. by virtue of this amendment, dishonour of cheques for insufficiency of ..... no offence. the next question arises as to which court shall have jurisdiction over the matter initiated under the aforesaid provisions of the said act. normally, the jurisdiction lies either in the place where the maker executed pronote or the place where they reside, but in a case ..... court within whose jurisdiction any of the above-mentioned places falls has, therefore, got jurisdiction to try the offence under section 138 of the act.'10. in the facts and circumstances of the case and the law discussed hereinabove, i am of the opinion that the court below has .....

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Apr 28 1971 (HC)

Jaikumar Shivlal Shah and ors. Vs. Motilal Hirachand Gandhi and anr.

Court : Mumbai

Reported in : AIR1973Bom27; (1972)74BOMLR174; ILR1972Bom816; 1972MhLJ405

..... to a certain person. the argument of the learned counsel mr. deshpande, however, is that in view of the amendment of the negotiable instruments act, 1881, by the amending act 8 of 1919, the document, e.1, becomes a negotiable instrument and, therefore, even though it is attested and not made payable to order or bearer, it still continues to be a pro-note ..... no assistance to the respondents. the most that it shows is this must only that in view of the amendment of the negotiable instruments act, 1881, by the amending act 8 of 1919, the instrument, ex. 1, in this case became a negotiable instrument. but this does not necessarily mean that, therefore, it would not come under section 2(5)(b) of the indian stamp ..... note given in section 4 of the negotiable instruments act, 1881, or the section 2(22) of the indian stamp act did not undergo any change even after section 13 of the negotiable instruments act was amended by the amending act 8 of 1919. the result, therefore, is that even after the amendment of the negotiable instruments act, 1881, by the amending act 8 of 1919, ever promissory note which ..... is a promissory note under section 4 of the negotiable instruments act, 1881, is also a promissory note for the purposes of .....

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Sep 24 2008 (HC)

Umiya Pipe Private Limited a Company Incorporated Under and 2 ors. Vs. ...

Court : Gujarat

Reported in : (2009)1GLR312

..... of the proviso to section 138 of the negotiable instruments act, 1881 would be immediately after completion of fifteen days of receipt of the notice served under section 138 of the negotiable instruments act, 1881. considering section 138 of the negotiable instruments act, 1881 a person is deemed to have committed an offence under section 138 of the negotiable instruments act, 1881 where any cheque drawn by a person ..... 01/2007 and, thereafter, the impugned complaint under section 138 of the negotiable instruments act, 1881 has been filed before the learned trial court on 09/02/2007. it is submitted that as per section 138 of the negotiable instruments act, 1881, complaint under section 138 of the negotiable instruments act, 1881 is maintainable where a cheque has been presented within a period of ..... respondent no. 2-original complainant had made a complaint before the learned metropolitan magistrate, court no. 5, ahmedabad for the offence under section 138 of the negotiable instruments act, 1881 on 09/02/2007.9. the question, which is posed for consideration of this court, is whether the impugned complaint made by respondent no. 2-original ..... it was the case on behalf of respondent no. 2-original complainant that thereafter the applicants were served with the legal notice under section 138 of the negotiable instruments act, 1881, and, thereafter, the applicants gave vague reply to the notice but did not make payment, and, therefore, the aforesaid criminal case came to be instituted .....

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Jul 31 2012 (HC)

Mr.M.Palanichamy. Vs. Union of India and ors.

Court : Chennai

..... the company, on receipt of the memo of dishonour, issued through their counsel a notice dated june 1, 1993, under section 138(b) of the negotiable instruments act, 1881 (act no. 26 of 1881-for short "the act"), calling upon the firm to honour its commitments within fifteen days of the receipt of the notice. individual notices were sent to the firm, as ..... adverting to the facts of this case, this court deems it fit to have a cursory look at some of the relevant provisions of the negotiable instruments act and the code.section 138 of the negotiable instruments act, 1881 138. dishonour of cheque for insufficiency, etc., of funds in the account. where any cheque drawn by a person on an account maintained by ..... failed to pay the amount of the dishonoured cheques. hence the necessity to prosecute the petitioners-accused persons for the offence punishable under section 138 of the negotiable instrument act, 1881. the petitioners-accused persons after having entered into appearance in the proceeding before the court below filed a petition for discharge under section 258 of the code of ..... his choice. according to the learned counsel, an agreement entered into between the parties confer jurisdiction and territorial jurisdiction for preferring a complaint under section 138 of the negotiable instruments act, 1881, depends upon various factors such as, location of both the companies with their registered offices or branches, the conditions in the invoice, conferring jurisdiction on any specific .....

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Jun 07 1999 (HC)

Orient Syntex Limited and Others Vs. Besant Capital Tech Limited

Court : Mumbai

Reported in : 2000(5)BomCR345; [2001]104CompCas669(Bom); 2000CriLJ210

..... to have dismissed the complaint against the other directors of the petitioner-company. mr. manohar submitted that section 141 of the negotiable instruments act, 1881, lays down that if the person committing an offence under section 138 of the negotiable instruments act, 1881, is a company, every person who, at the time the offence is committed, was incharge and was responsible to the company ..... 582 : 1998(91) comp.cas 850, the karnataka high court quashed the proceedings issued against other directors for having committed offence under sections 138 and 143 of the negotiable instruments act, 1881, holding that the other directors are not to be prosecuted merely because they are directors. mr. manohar submitted that in this case, there was no allegation whatsoever with ..... chairman-cum-managing director and the managing director of the company are liable to be proceeded against and punished for having committed offence under section 138 of the negotiable instruments act, 1881. mr. manohar pointed out to this court that the complaint does not specify as to in what manner the other directors of the company were incharge of ..... unless the cheque is rejected either for want of funds in the account or for the reason that it exceeds arrangement, no offence under section 138, of the negotiable instruments act, 1881 is committed and the learned chief judicial magistrate ought to have taken this into consideration before issuing the process. it is, therefore, submitted that the complaint filed .....

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Jan 11 2010 (SC)

Mandvi Co-op. Bank Ltd. Vs. Nimesh B. Thakore

Court : Supreme Court of India

Reported in : 2010(1)BomCR614; JT2010(1)SC259; 2010(I)OLR(SC)306; 2010(1)SCALE188; (2010)3SCC83; [2010]98SCL139(SC); 2010(1)LC454(SC)

..... provisions were brought into existence by making amendments in the negotiable instruments act, 1881. the negotiable instruments act was amended first by the banking public financial institutions and negotiable instruments laws (amendment) act, 1988 and a second time by the negotiable instruments (amendment and miscellaneous provisions) act, 2002. the first amendment inserted chapter xvii in the act, comprising sections 138 to 143. section 138 made, ..... offenders, introducing electronic image of a truncated cheque and a cheque in the electronic form as well as exempting an official nominee director from prosecution under the negotiable instruments act, 1881.6. the bill seeks to achieve the above objects. (emphasis added)15. though, in these appeals, we are mainly concerned with the provisions of ..... sentence of imprisonment for a term exceeding one year and amount of fine exceeding five thousand rupees;(x) to make the information technology act, 2000 applicable to the negotiable instruments act,1881 in relation to electronic cheques and truncated cheques subject to such modifications and amendments as the central government, in consultation with the reserve ..... the high court framed the following two questions as arising for its consideration:(a) whether sub-section (2) of section 145 of the negotiable instruments act, 1881, (for short, 'the act') confers an unfettered right on the complainant and the accused to apply to the court seeking direction to give oral examination-in-chief of .....

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Mar 25 1965 (HC)

Jagjivandas Bhikhabhai Vs. Gumanbhai Narattamdas

Court : Gujarat

Reported in : AIR1967Guj1; (1965)GLR778

..... part of the definition of 'promissory note' given in section 2(22) of the indian stamp act defines a promissory note by reference to its definition in the negotiable instruments act, 1881, we must go to the negotiable instruments act, 1881, to see how it is defined in that act. section 4 of the negotiable instruments act, 1881, defines a 'promissory note' in the following terms:'(4). a 'promissory note' is an ..... instrument in writing (not being a bank note or a currency note) containing an unconditional undertaking, signed by ..... correct law and must be overruled.(5) we have already set out the definition of promissory note contained in s. 4 of the negotiable instrument act, 1881. all that this definition requires is that there must be an instrument in writing which contains as unconditional undertaking, signed by the maker to pay a certain sum of money only to or to the order ..... the division bench of the bombay high court therefore held that khata was not a promissory note within the meaning of s. 4 of the negotiable instruments act. 1881. in the present case, however we find that the position is different. it is no doubt true that in the body of the khata the name of the .....

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Jun 28 2000 (HC)

Hammanna S. Nayak Vs. Vijay Kumar Kalani and anr.

Court : Mumbai

Reported in : 2000CriLJ4438

..... is their contention that the statutory notice is not specifically given by the complainant's company under section 138 of the negotiable instruments act, 1881 and, therefore, no prosecution can be launched by them under section 138 of the negotiable instruments act, 1881.7. the accused in their application dated 26th march, 1993, raised the above contentions and prayed that the proceedings ..... my client'. upon the second presentation of cheques, they were returned with the remark, 'funds insufficient'. the appellant then filed two complaints under section 138 of the negotiable instruments act, 1881 in the court of the judicial magistrate, first class, where cognizance was taken. the high court of madhya pradesh, however, quashed the criminal proceedings under section 482 ..... business, according to the complainant, accused no. 2 as well as accused no. 1 should be deemed to have committed the offence under section 138 of the negotiable instruments act, 1881 and, therefore, prayed that they be dealt with in accordance with law.6. the process was issued accordingly against the accused, who appeared and made applications dated ..... /petitioner filed complaint in the court of the metropolitan magistrate, 33rd court, ballard estate, against the present respondent nos. 1 and 2 under section 138 of the negotiable instruments act, 1881. 3. the complainant/harnmanna s. nayak in his complaint dated 14th july, 1992, had averred that he was working as marketing officer with tata metals and strips .....

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Aug 03 1965 (HC)

Chhabiladas Mangaldas Vs. Luhar Kohan Arja

Court : Gujarat

Reported in : AIR1967Guj7; (1965)GLR893

..... consideration of their lordships of the privy council. after referring to the definitions of the expression 'promissory note' in the aforesaid two enactments and to section 13 of the negotiable instrument act, 1881. their lordships at page 174 proceeded to dispose of the point by the following observations:-'their lordships prefer to decide this point on the broad ground that such a document ..... 'promissory note' as given in section 4, it must be 'payable either to order or to bearer'. it is true that under explanation i to section 13 of the negotiable instrument act, 1881, if a promissory note is expressed to be payable to a particular person, then it would be payable to the order of that person, provided the ..... is not a promissory note , one has to turn to the definition of the expression 'promissory note ' as given in the negotiable instrument act, 1881. that act defines 'promissory note' in section 4. the definition is as follows:-'a 'promissory note' is an instrument in writing (not being a bank or note or a currency note) containing an unconditional undertaking, signed by the maker, to ..... , regard must be had only to the definition of 'promissory note' contained in section 4 of the negotiable instrument act, 1881, and if the instrument satisfies the requirement of that definition, the instrument must be held to be a promissory note quite irrespective of the fact whether it is a negotiable instrument or not. their lordships further pointed out that 'if the promissory note is not a .....

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