Skip to content


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

... 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 concurrently. following the above said judgments, this court is of the opinion that the petitioner can be granted the benefit of sentences ... been applied by this court in mohan lal versus state of punjab and another 2011(7) r.c.r.(criminal) 2503 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 ... 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 ... 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 ...

Tag this Judgment!
Aug 01 2008

Subodh S. Salaskar Vs. Jayprakash M. Shah and Anr.

  • Decided on : 01-Aug-2008

Court : Supreme Court of India

Reported in : AIR2008SC3086; 2008(2)ALD(Cri)481; 2008(6)BomCR139; [2008]145CompCas121(SC); (2008)4CompLJ278(SC); 2008CriLJ3953; (2009)1GLR484; JT2008(8)SC637; 2008(11)SCALE42; ].2008AIRSCW5176; AIR2008SC3086; 2008CrLJ3952; 2008LabIC1772; 2008(11)SCALE42; 2008(5)LH(SC)3167

... steel ltd. and ors. (2006) 9 scc 340, this court held:2. by the impugned order, the high court has quashed the prosecution under section 138 of the negotiable instruments act, 1881 (for short 'the act') and section 420 of the penal code, on the sole ground that the complaint was filed two days after the expiry of limitation. in the present case, notice was ... as above in mumbai. hence, this hon'ble court has jurisdiction to entertain, try and decide this present complaint. i say that the accused has committed criminal offences under the negotiable instruments act, 1881 (as amended) and section 420 of the i.p.c., within the jurisdiction to take cognizances of the same and try and decide the said offences.19. a complaint petition ... demand notice to the accused was issued within the stipulated period and the present complaint has been filed within the prescribed period as provided under section 142(b) of the negotiable instruments act, 1881 (as amended) and, therefore, the accused has committed an offence punishable under section 138 read with section 141 and section 142 of the n.i ... s.b. sinha, j.1. leave granted.2. whether the proviso appended to section 142 of the negotiable instruments act, 1881 (for short 'the act') inserted by the negotiable instruments (amendment and miscellaneous provisions) act, 2002, is retrospective in operation is the question involved in this appeal which arises out of a judgment and order dated 19.10.2007 passed by the high court of ...

Tag this Judgment!
Dec 14 2007

Q-Soft System and Solutions (P) Ltd. Vs. Sri H.N. Giridhar S/o H.G. Sh ...

  • Decided on : 14-Dec-2007

Court : Karnataka

Reported in : III(2008)BC381; ILR2008KAR643; 2008(4)KarLJ240; ILR2008(1)Kar643; 2008(4)KLJ240; 2008(1)KCCR75; 2008(2)AIRKarR287; AIR2008NOC1294; 2008CriLJNOC550; 2008(4)CivilLJ72; 2008(3)AICLR213; 2008(3)ICC619

... conciliation, as such, the complaint is not maintainable since simultaneously two proceedings cannot be initiated against the same person.7. as per section 138 of ni actni actni act, 1881, the liability would arise on the part of the drawer when the cheque is issued for the discharge in whole or in part, of any debt ... not as heavy as that of the prosecution and it is only needed to rebut the presumption by probable defense.10. section 139 of the negotiable instruments act provides for the initial presumption in favour of the complainant unless the contrary is proved. in the instant case the initial presumption has been rebutted ... sufficient funds in his account maintained by him in a bank and induce the payee or holder in due course to act upon it further, the object of the negotiable instruments act makes it clear that the intent of parliament is that honest drawer should not suffer at the mechanisation of dishonest of ... and the respondent cannot be held responsible and the appellant cannot proceed against the respondent under section 138 of the negotiable instruments act.for the foregoing reasons, the application filed seeking leave is rejected and consequently, the appeal is also dismissed. ... /drawer to make stop payment further according to him, the cheque was not given voluntarily and the date and the writings were forged in the instrument and also he is not liable to pay the amount mentioned in the cheque either towards any debt or liability.9. in the decision reported in ...

Tag this Judgment!
Dec 07 2007

Vinay Devanna Nayak Vs. Ryot Seva Sahakari Bank Ltd.

  • Decided on : 07-Dec-2007

Court : Supreme Court of India

Reported in : AIR2008SC716; 2008(1)BomCR523; 105(2008)CLT673(SC); 2008CriLJ805; 2008(1)KLT1(SC); 2008(3)MhLj394; (2008)149PLR194; (2008)2SCC305; 2007AIRSCW7844; AIR2008SC716; 2008(2)SCC305; (2008)1SCC(Cri)351; 2008CriLJ805; 2008(2)CivilLJ225; ILR2007(2)Kar1387; 2008(3)KCCR1281; 2008(1)AIRKarR478

... made by the accused and hence a criminal case was filed by the bank against him under the negotiable instruments act, 1881 (hereinafter referred to as 'the act'). a summons was issued to the accused for an offence punishable under section 138 of the act. he pleaded not guilty to the charge and claimed to be tried.4. the trial court on ... through cheques. in such matters, therefore, normally compounding of offences should not be denied. presumably, parliament also realized this aspect and inserted section 147 by the negotiable instruments (amendment and miscellaneous provisions) act, 2002. (act 55 of 2002). the said section reads thus:section 147. offences to be compoundable.- notwithstanding anything contained in the code of criminal procedure, 1973 (2 ... 162; k.j.b.l. rama reddy v. annapurna seeds and anr. (2005) 10 scc 632 .16. section 138 of the act was inserted by the banking, public financial institutions and negotiable instrument law (amendment) act, 1988 (act 66 of 1988) to regulate financial promises in growing business, trade, commerce and industrial activities of the country and the strict liability to promote ... the efficacy of banking operations and credibility in transacting business on negotiable instruments. the provision is intended to prevent dishonesty on the part of the drawer of negotiable instruments in issuing cheques without sufficient funds or with a view to inducing the payee or holder in due course to act upon it. it thus seeks to promote the efficacy of bank ...

Tag this Judgment!
May 13 2008

DCM Financial Services Ltd. Vs. J.N. Sareen and Anr.

  • Decided on : 13-May-2008

Court : Supreme Court of India

Reported in : AIR2008SC2255; 2008(6)BomCR504; [2008]144CompCas55(SC); 2008CriLJ3178; JT2008(6)SC609; 2008(2)KLT762(SC); 2009(1)MhLj650; 2008(8)SCALE54; (2008)8SCC1; 2008AIRSCW4034; AIR2008SC2255; 2008(8)SCC1; (2008)3SCC(Cri)401; 2008CriLJ3178; 2008(3)AICLR500; 2008(3)ICC808; 2008(11)SCALE330;

... 1. leave granted.2. what would be the effect of a post dated cheque vis-`a-vis prosecution in terms of section 141 of the negotiable instruments act, 1881 (in short the act) is the question involved in this appeal which arises out of a judgment and order dated 31st january, 2007 passed by the high court of ... a two-judge bench of this court for determination of the following questions by a larger bench:(a) whether for purposes of section 141 of the negotiable instruments act, 1881, it is sufficient if the substance of the allegation read as a whole fulfil the requirements of the said section and it is not necessary to ... of jurisdiction under section 482 of the code of criminal procedure for quashing the complaint. in fact, an advertence to sections 138 and 141 of the negotiable instruments act shows that on the other elements of an offence under section 138 being satisfied, the burden is on the board of directors or the officers in ... executives of the accused no. 1 company and are responsible for the affairs of accused no. 1 is/are guilty of offence under section 138 of negotiable instruments act and 420 of ipc and is/are liable to be prosecuted and punished in accordance with law.he, thus, even was not aware of the post ... 1 are liable to be prosecuted and punished in accordance with law by this hon'ble court, as provided by section 141 of the n.i. act, 1881. further the offence has been committed by the accused no. 1 with the consent and connivance of the accused nos. 2 to 10.4. no ...

Tag this Judgment!
May 18 2007

C.C. Alavi Haji Vs. Palapetty Muhammed and Anr.

  • Decided on : 18-May-2007

Court : Supreme Court of India

Reported in : II(2007)BC533; 2007(4)BomCR314; [2007]137CompCas692(SC); 2007CriLJ3214; [2007(3)JCR209(SC)]; JT2007(7)SC498; 2007(3)KLJ81; 2007(3)KLT77(SC); 2008(3)MhLj115; 2008MPLJ441(SC)

... made by a two-judge bench of this court, pertaining to the question of service of notice in terms of clause (b) of proviso to section 138 of the negotiable instruments act, 1881 (in short 'the act'). observing that while rendering the decision in d. vinod shivappa v. nanda belliappa : 2006crilj2897 , this court has not taken into consideration the presumption in respect of an official ... complaint itself, we deem it necessary to deal with the issue in little more detail.4. chapter xvii of the act originally containing sections 138 to 142 was inserted in the act by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 with the object of promoting and inculcating faith in the efficacy of banking system and its operations and giving credibility ... to negotiable instruments in business transaction. the introduction of the said chapter was intended to create an atmosphere of faith and reliance on ...

Tag this Judgment!
Feb 20 2007

Kamala S. Vs. Vidyadharan M.J. and Anr.

  • Decided on : 20-Feb-2007

Court : Supreme Court of India

Reported in : II(2007)BC463(SC); 2007(2)CTC648; (2008)1GLR423(SC); [2008(1)JCR229(SC)]; JT2007(3)SC565; 2007(3)SCALE235; (2007)5SCC264

... .b. sinha, j.1. leave granted.2. appellant herein was charged with commission of an offence under section 138 of the negotiable instruments act, 1881 (for short, 'the act') on the premise that a cheque issued by her on 05.09.1997 for a sum of rs. 1 lakh drawn in favour of the respondent herein, when presented, was ... of kerala and anr. : 2006crilj4607 wherein it was held:30. applying the said definitions of 'proved' or 'disproved' to the principle behind section 118(a) of the act, the court shall presume a negotiable instrument to be for consideration unless and until after considering the matter before it, it either believes that the consideration does not exist or considers the non-existence of ... act as also under section 139 thereof. the said presumptions are rebuttable ones. whether presumption stood rebutted or not would depend upon the facts ... in terms of section 139 of the act was correctly raised by the high court. it was submitted that even if the defence raised by the appellant herein was true, she has failed to offer any explanation as to why the cheque had to be issued.10. the act contains provisions raising presumption as regards the negotiable instruments under section 118(a) of the ...

Tag this Judgment!
Jun 26 2008

Shankar Finance and Investments Vs. State of Andhra Pradesh and Ors.

  • Decided on : 26-Jun-2008

Court : Supreme Court of India

Reported in : IV(2008)BC523(SC); 2008(4)MPHT339(SC); 2008(10)SCALE654; 2008(8)SCC536; (2008)3SCC(Cri)558; 2008(5)LH(SC)3201; 2008(4)KCCR2511; 2008(8)SCC536; (2008)3SCC(Cri)558; 2008(5)LH(SC)3201; 2008(4)KCCR2511

orderr.v. raveendran, j.1. the complainant in a proceedings under section 138 of the negotiable instruments act, 1881 (`act' for short), challenges in this appeal by special leave, the order dated 21.8.2002 passed by the andhra pradesh high court in criminal petition no.1737 of 2001 holding ... mmtc ltd had the authority to institute legal proceedings. reversing the said decision, this court held :in our view the reasoning given above cannot be sustained. section 142 of the negotiable instruments act provides that a complaint under section 138 can be made by the payee or the holder in due course of the said cheque. the two complaints, in question, are by ... 2 cpc empower the holder of power of attorney to 'act' on behalf of the principal. in our view the word 'acts' employed in order 3 rules 1 and 2 cpc confines only to in respect of 'acts' done by them power-of-attorney holder in exercise of power granted by the instrument. the term 'acts' would not include deposing in place and instead of ... the principal. in other words, if the power-of-attorney holder has rendered some 'acts' in pursuance of power of attorney, he may depose for ...

Tag this Judgment!
Sep 19 2008

Pramod Kumar Saxena Vs. Union of India (UOI) and Ors.

  • Decided on : 19-Sep-2008

Court : Supreme Court of India

Reported in : IV(2008)BC505(SC); 2008CriLJ4697; [2009(1)JCR79(SC)]; 2008(12)SCALE623; (2008)9SCC685; 2008AIRSCW6624; 2008(9)SCC685; 2008(6)Supreme573; 2008(5)LH(SC)3528; 2008AIRSCW6624; 2008(6)Supreme573; 2008(5)LH(SC)3528

... six different states for commission of offences punishable under sections 406, 409 and 420 read with section 120b of the indian penal code, 1860 (ipc) and also under section 138 of the negotiable instruments act, 1881.5. according to the petitioner, there is a company known as 'imperial forestry corporation ltd.' (hereinafter referred to as `the company'). it was incorporated on april 19, 1990. the petitioner ... . such a direction would be contrary to express provisions of the code. even in exercise of inherent powers under section 482, the high court could not direct an authority to act contrary to law. the court also observed that this court has ample jurisdiction to pass orders under article 142 of the constitution for doing complete justice between the parties in ... subject covered by entry 4 of list ii of the seventh schedule to the constitution. it is, therefore, the state authorities to undertake administration of prisons under the indian prisons act, 1894. state governments have also framed jail manuals and appropriate government is required to take appropriate action in accordance with law.14. an affidavit is also filed by the state ... have been leveled against the union of india nor specific prayer has been sought against the union.12. it was also stated that by the code of criminal procedure (amendment) act, 2005, section 436a came to be inserted which provides that an under-trial prisoner other than the one accused of an offence for which death has been prescribed as one ...

Tag this Judgment!
Mar 09 2007

N.K. Wahi Vs. Shekhar Singh and Ors.

  • Decided on : 09-Mar-2007

Court : Supreme Court of India

Reported in : AIR2007SC1454; II(2007)BC438; [2007]137CompCas939(SC); 138(2007)DLT783(SC); [2007(3)JCR55(SC)]; 2007(2)JKJ19[SC]; 2007(2)KLT1021(SC); 2008(1)MhLj833; 2007(4)SCALE188; (2007

... , new delhi, on 25th november, 2000.2. background facts in nutshell are as under:appellant presented a criminal complaint under section 138 read with section 141 of the negotiable instruments act, 1881 (in short the 'act') in the court of metropolitan magistrate, new delhi. it was pleaded that m/s western india industries ltd. is a limited company and the respondents and some others ... personally liable for commission of such an offence would be vicariously liable therefore. such vicarious liability can be inferred so far as a company registered or incorporated under the companies act, 1956 is concerned only if the requisite statements, which are required to be averred in the complaint petition, are made so as to make the accused therein vicariously liable ... almost unanimous judicial opinion that necessary averments ought to be contained in a complaint before a person can be subjected to criminal process. a liability under section 141 of the act is sought to be fastened vicariously on a person connected with a company, the principal accused being the company itself. it is a departure from the rule in criminal ... an application for dropping the proceedings stating that they were not directors of the company and further there was no allegation against them in terms of section 141 of the act and as such they should not have been made parties. learned metropolitan magistrate dismissed the application holding that whether the applicants in the aforesaid petitions were directors at the ...

Tag this Judgment!
Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //