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Judgment Search Results Home  Phrase:negotiable instrument act 1881

Mar 06 2013

Negotiable Instruments Act,1881 be ordered to run concurrently. Vs. Un ...

  • Decided on : 06-Mar-2013

Court : Punjab and Haryana

... 2012 in Criminal Revision No.3854 of 2012 praying that sentence in two separate complaints under Section 138 of the Negotiable Instruments Act,1881 be ordered to run concurrently. The petitioner Baljit Singh has been convicted in two complaints under Section 138 of the Negotiable Instruments Act, 1881; one filed by Harpal Singh and another filed by Dalip Singh pertaining to two different cheques of Rs.2.60 ... in convictions and sentences under Section 138 of the Negotiable Instruments Act, 1881. Madhya Pradesh High Court in Shafiq son of Jahur Ahmed v. State of M.P.and another 2010(2) R.C.R.(Criminal) 95 has followed the judgment of Apex Court in Madan Lal's case in convictions under Section 138 of the Negotiable Instruments Act, 1881 and ordered sentences in two cases to run ... said two complaints could be ordered to run concurrently. The legal position in context of provision of Section 427 Cr.P.C.and its applicability to convictions in cases under Negotiable Instruments Act, 1881 is no longer res-integra as in State of Punjab versus Madan Lal 2009(2) R.C.R.(Criminal) 602, Hon'ble the Apex Court had an opportunity to consider ...

Sep 24 2008

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

  • Decided on : 24-Sep-2008

Court : Gujarat

Reported in : (2009)1GLR312

... Negotiable Instruments Act, 1881, the starting point of limitation as contemplated under Sub Clause (c) 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 ... , 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 ... Negotiable Instruments Act, 1881 would start from the date of receipt of the reply to the notice by the respondent-original complainant under Section 138 of the Negotiable Instruments Act, 1881, by the applicants-original accused. It is submitted that in the present case, reply sent by the applicants to the notice under Section 138 of the Negotiable Instruments Act, 1881 ... the proviso in Sub-clause (b) of Section 142 of the Negotiable Instruments Act, 1881 and, therefore, it is submitted that the impugned complaint is barred by limitation as provided under Section 142 of the Negotiable Instruments Act, 1881 and, therefore, the same deserves to be quashed and set aside.7. ...

Aug 10 1994

Mayuri Pulse Mills and others Vs. Union of India and others.

  • Decided on : 10-Aug-1994

Court : Mumbai

Reported in : 1996(5)BomCR348; (1994)96BOMLR953; [1996]86CompCas121(Bom)

... Negotiable Instruments Act, 1881. In exercise of its legislative power under entries 45 and 46 of List I of the, Seventh Schedule to the Constitution of India. 7. It may be observed that sections 138 to 142 of the Negotiable Instruments Act, 1881, were enacted and Chapter XVII was inserted in the Negotiable Instruments Act, 1881, by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act ... Negotiable Instruments Act, 1881, are unreasonable and, therefore, violative of article 14 of the Constitution of India. Learned counsel submitted before us that section 140 of the Negotiable Instruments Act, 1881, takes away a very important right of defence of the accused in a prosecution for an offence under section 138 of the Negotiable Instruments Act, 1881, and that by itself makes the provisions contained in sections 138 and 140 of the Act ... Negotiable Instruments Act, 1881, is sufficient for commission of crime under section 138 of the Negotiable Instruments Act, 1881, and it is not material whether he had reason to believe when he issued the cheque that the cheque may not be dishonoured on presentment. For an offence under section 138 of the Negotiable Instruments Act, 1881 ...

Apr 28 1971

Jaikumar Shivlal Shah and Ors. Vs. Motilal Hirachand Gandhi and Anr.

  • Decided on : 28-Apr-1971

Court : Mumbai

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

... 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 ... 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 the Indian Stamp Act ... negotiable instrument or not for the purposes of Section 13 of the Negotiable instruments Act. This decision, therefore, is of 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 ...

Mar 29 2012

Muthukumaran Vs. Periyasamy.

  • Decided on : 29-Mar-2012

Court : Chennai

... Negotiable Instruments Act, 1881 includes the presumption of existence of a legally enforceable debt or other liability. Otherwise, as rightly contended by the learned counsel for the first respondent/complainant, the presumption contemplated in Section 139 of the Negotiable Instruments Act, 1881 will become a dead letter.15. But, at the same time, it should not be forgotten that the presumption contemplated under section 139 of the Negotiable Instruments Act, 1881 ... the Negotiable Instruments Act, 1881. Both the courts below have not properly appreciated the evidence in this regard and the principles of law governing the degree of proof required for an accused facing a charge under section 138 of the Negotiable Instruments Act, 1881 to rebut the presumption under section 139 of the Act and ... general presumption of innocence and the presumption contemplated under section 139 of the Negotiable Instruments Act, 1881, their Lordships of the Hon'ble Supreme Court, have made it clear that the presumption under section 139 of the Negotiable Instruments Act, 1881, is a rebuttable presumption and when it is rebutted by the accused, the ... accused has committed an offence under section 138 of the Negotiable Instruments Act, 1881 beyond reasonable doubt to dislodge the general presumption, which stands cast on the respondent/complainant on due rebuttal of the presumption under section 139 of the Negotiable Instruments Act, 1881. Both the courts below have not properly appreciated the evidence ...

Nov 29 2001

Atlaz Degi-Tel Pvt. Ltd. and Ors. Vs. Atlaz Technology Pvt. Ltd. and A ...

  • Decided on : 29-Nov-2001

Court : Mumbai

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

... 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 ... Negotiable Instruments Act, 1881 Act, which also indicates the presumption being rebuttable by leaving a margin for rebuttal of the presumption with opening phrase.Section 118 of Negotiable Instruments Act, 1881 reads as under:'118. Presumption as to negotiable instrument.---Until the contrary is proved, the following presumptions shall be made --(a) of consideration, that every negotiable instrument, was made or drawn for consideration and that every such instrument ... Negotiable Instruments Act, 1881 reads as under:'118. Presumption as to negotiable instrument.---Until the contrary is proved, the following presumptions shall be made --(a) of consideration, that every negotiable instrument, was made or drawn for consideration and that every such instrument, when it has been accepted, endorsed negotiated or transferred, was accepted, endorsed, negotiated or transferred for consideration;(b) as to date, that every negotiable instrument ...

Dec 07 2010

Mr. Rajesh Bhalchandra Chalke VS. M/s Emco Dynatorq Pvt. Ltd.

  • Decided on : 07-Dec-2010

Court : Mumbai

... Section 138 of the Negotiable Instruments Act, 1881.(ii) We are also of the view that there is nothing wrong in the complainant under Section 138 of the Negotiable Instruments Act, 1881 filing the affidavit in support of the complaint in a format indicating all the essential facts satisfying the ingredients of Section 138 of the Negotiable Instruments Act, 1881 for the purpose of ... 138 of the Negotiable Instruments Act, 1881 filing the affidavit in support of the complaint in a format indicating all the essential facts satisfying the ingredients of Section 138 of the Negotiable Instruments Act, 1881 for the purpose of enabling the Magistrate to decide whether or not to issue process on the complaint under Section 138 of the Negotiable Instruments Act, 1881.(iii) The ... Negotiable Instruments Act, 1881 read with Sections 118, 138, 139, 142, 143 and 146 of the Negotiable Instruments Act, 1881 (for short referred to as "NI Act") and its interplay with Section 200 of the Code of Criminal Procedure, 1973 (for short referred to as "CrPC").2. Shortly put, the question is - "whether, in view of the provisions of Section 145 CrPC (added by Act ... the Act.2. A large number of cases are reported to be pending under sections 138 to 142 of the Negotiable Instruments Act in various courts in the country. Keeping in view the large number of complaints under the said Act pending in various courts, a Working Group was constituted to review section 138 of the Negotiable Instruments Act, 1881 and ...

Jul 31 2012

Mr.M.Palanichamy. Vs. Union of India And Ors.

  • Decided on : 31-Jul-2012

Court : Chennai

... 24, 1993. 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 well as ... . 15. Before 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 him with ... of 1997 under section 138 read with section 141 of the Negotiable instruments Act, 1881, whereby, the prayer of the petitioners-accused persons was to discharge them, under section 258 of the Code of Criminal Procedure and it was rejected on contest. The complainant-O.P. being a limited company under the Companies Act, 1956 had its registered office at 24, Part Street, Calcutta-700 ... Section 138 of the Negotiable Instruments Act, 1881? (b) Does such bank mean the bank of the drawer of the cheque or covers within its ambit any bank including the collecting bank of the payee of the cheque? (c) To which bank the cheque is to be presented for the purposes of attracting the penal provisions of Section 138 of the Act? 17. The three ...

Jun 28 2000

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

  • Decided on : 28-Jun-2000

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 against ... to Section 138 is a condition precedent for filing a complaint under Section 138 of the Negotiable Instruments Act, 1881. 9. The Supreme Court also held that though no form of notice is prescribed in clause (b) of the proviso to Section 138 of the Negotiable Instruments Act, 1881, the requirement is that the notice should be given in writing within 15 days ... lodging prosecution under Section 138 of the Negotiable Instruments Act, 1881. It is contended that, in the said notice, the petitioners were called upon to pay a sum of Rs. 4,60,354/- within 21 days of the receipt of the notice and that Section 138(b) and (c) of the Negotiable Instruments Act, 1881, specifically asks the complainant to make a ... 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 of the Code of Criminal Procedure, 1973 on the ground that there was no proper notice as prescribed under Section 138 of the Negotiable Instruments Act, 1881. While allowing ...

Jan 11 2010

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

  • Decided on : 11-Jan-2010

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)

... 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 ... Act.2. A large number of cases are reported to be pending under Sections 138 to 142 of the Negotiable Instruments Act in various courts in the country. Keeping in view the large number of complaints under the said Act pending in various courts, a Working Group was constituted to review Section 138 of the Negotiable Instruments Act, 1881 ... of certain facts and Section 147 made the offences under the Act compoundable.14. The statement of objects and reasons appended to the bill stated as follows:The Negotiable Instruments Act, 1881 was amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 wherein a new Chapter XVII was incorporated for ... Act is also available to the accused? (appeal arising from SLP (Crl.) No. 3915/2006)9. For a proper appreciation of the issues it would be necessary to examine the relevant legal provisions and to ascertain the object and reasons for which those provisions were brought into existence by making amendments in the Negotiable Instruments Act, 1881. The Negotiable Instruments Act ...

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