Court : Mumbai
Reported in : 2002(3)BomCR70; 2002BomCR(Cri)325
..... 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, ..... 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 ..... substance in the contention raised by the learned counsel for the petitioner, that as the matter is referred to arbitrator, criminal proceedings under section 138 of the negotiable instruments act initiated by the respondent no. 1 are not maintainable and that jalgaon court has no territorial jurisdiction to entertain the said complaint.15. as regards the territorial jurisdiction ..... of no avail to the petitioners. in this regard, it is to be noted that in the above referred case criminal proceedings under section 138 of the negotiable instruments act for dishonour of cheque were already initiated against the accused, however, separate first information report under sections 406/420 of the indian penal code was also filed .....Tag this Judgment!
Court : Mumbai
Reported in : III(2007)BC542
..... only) so quantified shall also include expenses, interest, etc.25. this court, therefore, passes following order:(a) accused is convicted of offence punishable under section 138 of negotiable instruments act.(b) accused is sentenced to suffer rigorous imprisonment of two months. the order of sentence, shall be executable if payment of compensation is not done in due time by ..... , happened otherwise due to the erroneous approach of trial court.22. this court, therefore, holds the accused to be guilty of offence punishable under section 138 of negotiable instruments act.23. heard the learned advocate for accused on the point of sentence. learned advocate sirpurkar has argued in favour of lenient view and has shown readiness to pay ..... a bearer cheque. moreover, nature of cheque whether bearer or crossed has no bearing as to presumption which follows the act of drawing, negotiating, endorsing, transfer, etc., of any negotiable instrument, as well its date, etc. under section 118 of negotiable instruments act.(h) according to learned advocate mr. mundra, not only the judgment and order of acquittal is liable to be reversed ..... submissions:(a) the judgment is erroneous and calls for being reversed;(b) trial court framed questions in total erroneous manner and contrary to the scheme of the negotiable instruments act;(c) the trial court should have formulated the question as to whether the complainant proves that accused had become successful in rebutting presumption that cheque was drawn for .....Tag this Judgment!
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 ..... 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 even ..... 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 .....Tag this Judgment!
Court : Patna
..... sub divisional judicial magistrate, patna, whereby he has taken cognizance for offences punishable under sections 420 and 406 i.p.c. as also section 138 of the negotiable instruments act (hereinafter referred to as 'the n.i. act').2. the prosecution case is based on the complaint petition filed by one sushil kumar, the complainant, impleaded herein as o.p. no. 2 for and .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1959Raj1
..... dealing with that aspect of the matter, the following observation was made at page 160 :'under the circumstances, we cannot strictly apply the technical provisions of section 118 of the negotiable instruments act in the appellants' favour.'10. it is said that these observations, particularly the use of the word 'technical' in this sentence shows that the provisions of section 118 of ..... conscience or as being rules as are being observed generally in practice among the merchants in this country.it was also observed that the stringent or technical provisions of the negotiable instruments act with respect to presentment or notice of dishonour cannot be called into operation in determining the liability in the ease of 'hundis' which came to be executed in a ..... placed the burden on them. it was in these circumstances that the bench made the following observation :'we cannot strictly apply the technical provisions of section 118 of the negotiable instruments act in the appellant's favour. it is settled law that when the execution of a document is admitted by the executant thereof, the burden of proving want of consideration ..... ordinary documents. such a course would, to my mind, be an unwarranted infliction upon traders in this part of rajasthan in relation to hundis executed before 1949, when the negotiable instruments act was first brought into force in the former jodhpur state. besides the adoption of this view would be clearly ruinous to the interests of trade and traders and would throw .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1956Bom57; (1955)57BOMLR1039; 25CompCas479(Bom); ILR1955Bom1072
..... . the learned judge below considered this decision of the house of lords, but he took the view that this decision was given under the common law and not under the negotiable instruments act which had not been enacted in england in 1875 when this decision was given. with very great respect to the learned judge, in the passage which we have quoted from ..... the company with regard to this sum of rs. 20,000.5. turning to the law on the subject, as we are dealing with a negotiable instrument we must first turn to the negotiable instruments act, and section 26 of the act provides :'every person capable of contracting, according to the law to which he is subject, may bind himself and be bound by the making ..... paragraph of section 26 should not be construed so as to extend the authority of a company to make negotiable instruments. but the law regarding the power of a company to make negotiable instruments is to be found in the companies act itself and not in the negotiable instruments act. therefore section 26 really throws no light on what the powers of a company are or what limitations ..... although, as we pointed out, the same principle is enunciated in section 27 of the negotiable instruments act, section 89 of the companies act emphasises that principle and makes it clear that a company will not be bound in its corporate capacity in respect of a negotiable instrument unless that negotiable instrument on the face of it and according to its tenor makes it clear that it is .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1953Bom290; (1953)55BOMLR231; ILR1953Bom717
..... 24-2-1949, and on that complaint hariram was convicted. (2) now, the question that arises is, what are the rights of the plaintiff under section 20, negotiable instruments act? that section deals with inchoate stamped instruments, and the scheme of that section is that when a person signs and delivers to another person an inchoate document which is properly stamped in accordance with ..... chagla, c.j. (1) a very interesting question under the negotiable instruments act arises in this appeal, and the facts giving rise to this appeal may be shortly stated. one harirarn, who is a finance broker approached the plaintiff on 4-2-1949, ..... was never at any stage a negotiation or transfer in his favour of a negotiable instrument which would entitle him to consider himself ..... to imply and contemplate that there must be a negotiation or a transfer to the holder in due course by someone who had the authority to transfer or negotiate the negotiable instrument. the transfer and the negotiation must be of a negotiable instrument, not the transfer of an inchoate document which is not a negotiable instrument at all under the act. therefore, as far as the plaintiff is concerned, there .....Tag this Judgment!
Court : Mumbai
Reported in : 1994(4)BomCR237
..... by use of the word 'holder' the need to prove this consideration has been eliminated. this is in keeping with section 118 of the negotiable instruments act where also it is presumed that negotiable instruments was negotiated for consideration. the second presumption is that the holder has received the 'cheque of the nature referred to in section 138'. the court must therefore ..... 112. in summing up mr. ovalekar submitted that all the above mentioned facts and circumstances establish that the accused has not committed any offence under section 138 of the negotiable instrument act . relying upon the case of gian mahtani v. state of maharashtras, reported in : 1971crilj1417 , he submitted that a conviction cant be on suspicion nor on conscience ..... it clear that it is by the said bank. accordingly i hold that the complaint is maintainable and is not barred under section 142(a) of the negotiable instruments act.12. the next point for determination is whether the charge is not proper. mr. ovalekar submitted that under section 211 of the criminal procedure codecriminal procedure codecriminal procedure code every charge must ..... has jurisdiction to entertain and try this complaint.9. the second point for consideration is whether the complaint is not maintainable and/or barred under section 142(a) of the negotiable instruments act. section 142(a) reads as follows:'142. cognizance of offences. - notwithstanding anything contained in the code of criminal procedure, 1973, - (a) no court shall take .....Tag this Judgment!
Court : Karnataka
Reported in : 2006(1)ALD(Cri)44; III(2006)BC143; 2005CriLJ3700; ILR2005KAR3648; 2006(2)KarLJ570
..... accordance with law. the same will be the procedure applicable even in cases instituted for the alleged offences under section 138 of the negotiable instruments act. indisputably the provisions contained in section 138 of the negotiable instruments act is a substantive offence which deals with the conviction of the accused on being found guilty of such offence and the imposition of sentence ..... should be a summary trial. but summary trial does not mean that the trial could be proceeded in the absence of an accused. section 143 of the negotiable instruments act does not direct the court to follow the procedure prescribed for trials under the civil procedure codecivil procedure codecivil procedure code and on the contrary, it directs the court to follow the ..... almost akin to the civil proceedings. he also contended that certain amendments have been introduced to the original enactment of the negotiable instruments act with a view to expedite the proceedings under section 138 of the negotiable instruments act and hence such a mode of service of summons to the accused is permissible in law and the same cannot be found ..... by the complainant consequent thereupon, the complainant instituted a complaint before the trial court against the accused for having committed the alleged offence under section 138 of the negotiable instruments act. the trial court took cognizance of the offence alleged against the accused on 11.9.1997 and directed for issue of summons to all the accused. pursuant to .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1956All403
..... (1885) 16 qbd 315 (d).28. the same reasoning will, in my judgment, apply to the case of a negotiable instrument. section 118, negotiable instruments act which raises a presumption of proof of consideration for the negotiate instrument cannot override the powers of the insolvency court in demanding such proof of the debt from the creditor as would satisfy the ..... lal v. koshi charan : air1928all380 , and in my opinion that case was correctly decided.29. it should be remembered in this connection that section 118, negotiable instruments act relates to a negotiable instrument and raises a presumption that it was executed for consideration. it does not raise any presumption as to the nature or quantum of the consideration. the insolvency ..... addicted to drinking and gambling & that he had really no necessity to borrow any money were sufficient to weaken considerably the presumption contained in section 118. negotiable instruments act and that the burden was shifted to the plaintiff to prove that the promissory note was executed for consideration.the learned judges acknowledged that the presumption undoubtedly ..... , wherever that promissory note might be produced, it would go with the qualification as attached to it by the negotiable instruments act. actually this is not a presumption which had been prescribed by the negotiable instruments act only. section 114, evidence act, illustration (c) enacts:'a court may presume a bill of exchange accepted or endorsed, was accepted or endorsed .....Tag this Judgment!