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Judgment Search Results Home  Phrase:negotiable instruments act 1881 1881 section 143

Dec 07 2010

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

  • Decided on : 07-Dec-2010

Court : Mumbai

... Section 145 of 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 ... 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 ... 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 enabling the Magistrate to decide whether or not to issue process on the complaint under Section 138 of the Negotiable Instruments Act, 1881 ...

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 made, for the first time in ... be identified.2. Bottlenecks shall be identified as follows: a) Matrimonial cases.b) Cases under Section 498A of the Indian Penal Code, 1860.c) Cases under Section 143 of the Negotiable Instrument Act, 1881.d) to (i) xxxxxxxxxx20. Once it is realized that Sections 143 to 147 were designed especially to lay down a much simplified procedure for the trial ... 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 Section 145, it would be useful here to take a look at all the five sections introduced by the 2002 amendment.143. Power of court to ... 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 ...

Aug 11 2006

Shivaji Sampat Jagtap Vs. Rajan Hiralal Arora and The State of Maharas ...

  • Decided on : 11-Aug-2006

Court : Mumbai

Reported in : 2007CriLJ122

... Negotiable Instruments Act, 1881. 13. Accordingly, the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 was passed by the Parliament and it received the assent of the President on 17.12.2002 by which the amendments to Sections 138, 141, 142 in Chapter XVII were made and the provisions of Sections 143 ... Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') ceases to exercise jurisdiction therein, either on account of his transfer or retirement, and is succeeded by another Magistrate, whether in view of the provisions contained in Section 143 of the Act, the succeeding Magistrate requires to hold a denovo trial as contemplated under Section ... Negotiable Instruments Act, 1881 (for short 'the Act') ceases to exercise jurisdiction therein, either on account of his transfer or retirement, and is succeeded by another Magistrate, whether in view of the provisions contained in Section 143 of the Act, the succeeding Magistrate requires to hold a denovo trial as contemplated under Section 326(3) of the Code of Criminal Procedure (for short 'the Code') ? or can act ...

Dec 23 2005

Mrs. Shaila P. Prabhu Vs. Nagendra K. Mallya and Anr.

  • Decided on : 23-Dec-2005

Court : Karnataka

Reported in : I(2007)BC377; 2006CriLJ1554; 2006(3)KarLJ649

... Section 143(1) of the Negotiable Instruments Act 1881, which reads thus :143. Power of Court to try cases summarily.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Chapter shall be tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of Sections ... thousand rupees.(Underline by me) 6. Thus it is clear from a combined reading of Section 29(2) of Cr.P.C. and Section 143 of the Negotiable Instruments Act that the Metropolitan Magistrate can also try the cases falling Under Section 138 of Negotiable Instruments Act and that he has got jurisdiction to impose the sentence of fine exceeding Rs. 5,000 ... Magistrate to try the cases falling Under Section 138 of N. I. Act and to pass sentence imposing fine exceeding Rs. 5,000/-.7. In this context, it is relevant to mention here itself that Section 143 of the Negotiable Instruments Act is inserted by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 with effect from 6-2-2003. Thus ... Section 143 of the Negotiable Instruments Act that the Metropolitan Magistrate can also try the cases falling Under Section 138 of Negotiable Instruments Act and that he has got jurisdiction to impose the sentence of fine exceeding Rs. 5,000/-. As aforesaid, the trial Court in this case, is a Court of Metropolitan Magistrate and it is within the jurisdiction of Metropolitan Magistrate to try the cases falling Under Section ...

Nov 04 2013

K.Ramalakshmi Vs. Swarnalatha

  • Decided on : 04-Nov-2013

Court : Chennai

... the provisions of the Negotiable Instruments Act, 1881.3. According to the Learned counsel for the Petitioner / Accused, the trial Court has failed to appreciate that the complaint filed by the respondent / complainant under Section 138 of the Negotiable Instruments Act, 1881 has to be tried only as Summary Trial Case in accordance with Section 143(1) of the Act. 4.The Learned counsel ... Section 143 of the Negotiable Instruments Act, 2002 ( with effect from 06.02.2003) the Judicial Magistrate First Class may pass sentence of fine exceeding Rs.5000/-. The limitation prescribed in Section 29(2) of Cr.PC., has been obviated as per the decision of Shaila P.Prabhu v. Nagendra K.Mallya reported in (1 (2007 B.C.377 (Karnt.). Further, Section 143 of the Negotiable Instruments Act, 1881 ... formality of a full proceeding.14. As far as the Negotiable Instruments Act, 1881 is concerned, Section 143 of the said Act confers power on the Judicial Magistrates to try the cases summarily. Indeed Section 143(1) provided that ".in the case of any conviction in a summary trial under the Section, it shall be lawful for the Magistrate to pass a ... exceeding Rs.5000/-. The limitation prescribed in Section 29(2) of Cr.PC., has been obviated as per the decision of Shaila P.Prabhu v. Nagendra K.Mallya reported in (1 (2007 B.C.377 (Karnt.). Further, Section 143 of the Negotiable Instruments Act, 1881 provides for Summary Trial of Cases under the Negotiable Instruments Act with a view to speed up disposal ...

Mar 22 2005

Steel Tubes of India Vs. Steel Authority of India

  • Decided on : 22-Mar-2005

Court : Madhya Pradesh

Reported in : I(2007)BC525; 2006CriLJ1988; 2006(1)MPLJ194

... as well as exempting an official nominee. Director from prosecution under the Negotiable Instruments Act, 1881. The other enactments i.e. the Bankers Books Evidence Act, 1891 and Information Technology Act, 2000 have also been amended by the Act No. 55 of 2002. The main aims and objects, for creation of Chapter ... Act which are as follows:The Negotiable Instruments Act 1981 (for short 'the Act') amended by the Banking Financial Institutions and Negotiable Instrument Laws (Amendment) Act, 1988, wherein a new Chapter XVII was incorporated by Act No. 66 of 1983 with effect from 1-4-1989 for penalties in case of dishonour of cheques due to insufficiency of funds in the account of drawer of cheque. Despite civil remedy, Section ... Section 4 of the Code says that when in the Statute there is specific provision for trying a particular offence of the said Statute then the provision of the Code shall not apply and the Special Provisions of the Statute or law that is provisions under Section 143 of the Act is saved by saving provision of Section 5 of the Code. Sub-section (3) of Section 143 ... Act are aimed inter alia at early disposal of cases relating to dishonour of cheques, enhancing punishment for offenders, introducing electronic image of a truncated cheque and cheque in an electronic form as well as exempting an official nominee. Director from prosecution under the Negotiable Instruments Act, 1881. The other enactments i.e. the Bankers Books Evidence Act, 1891 and Information Technology Act ...

Jun 17 2008

Sri. Ashok Kumar Vs. Dr. T.R. Bhageerathi

  • Decided on : 17-Jun-2008

Court : Karnataka

Reported in : 2009CriLJ221; ILR2008KAR3865; 2009(1)KarLJ17; ILR2008(3)Kar3865; 2008(4)KCCR2500; 2008(6)AIRKarR219

... Section 200 Cr.P.C. for the offence punishable under Section 138 of Negotiable Instruments Act. He contended that under Section 142 of the Negotiable Instruments Act only the payee or holder-in-due-course are competent to maintain a petition for the offence punishable under Section 138 of Negotiable Instruments Act. Respondent is neither payee nor holder-in-due-course and therefore she is not entitled to file a petition under Section ... The Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act 1988 (Act No. 66/1988) has inserted Chapter XVII comprising of Section 138 to 142 in the Act with effect from 1st April 1989. Further by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act 2002 (Act No. 55/2002) Section 143 to 147 are inserted in the Act. The object of this amendment ... in C.C. No. 289/2005 on the file of Judicial Magistrate, I Class, Bagepalli, taking cognizance of the offence punishable under Section 138 of Negotiable Instruments Act (for short 'the Act') and issuing process to the petitioner.2. The respondent contends that the petitioner for consideration received issued a cheque on 02.11. ... herein who is the wife and legal representative of the deceased filed a private criminal complaint against the petitioner under Section 200 Cr.P.C. for the offence punishable under Section 138 of the Negotiable Instruments Act. The Trial Court under the impugned order dated 11.10.2005 had taken cognizance of the offence, registered the ...

Oct 17 2006

Dantuluri Vekataramaraju Vs. Katta Narayan Rao and Anr.

  • Decided on : 17-Oct-2006

Court : Andhra Pradesh

Reported in : IV(2007)BC454; 2007CriLJ892

... Sections 143 - 147 though the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 (Act 55 of 2002) would disclose that on the recommendation of the Working Group along with other representations from various institutions and organizations, the Government in consultation with the Reserve Bank of India and other legal experts amended the Negotiable Instruments Act, 1881 ... section (2) of Section 145 of the Negotiable Instruments Ad, 1881 the Court is obliged to examine the complainant in chief even in respect of matters which have been stated by him on affidavit in spite of mandate of Section 145(1)?2. The facts in nutshell which give rise to the controversy are as under: In the proceedings initiated under Section 138 of the Negotiable Instruments Act, 1881 ... Section 145 of the Negotiable Instruments Ad, 1881 the Court is obliged to examine the complainant in chief even in respect of matters which have been stated by him on affidavit in spite of mandate of Section 145(1)?2. The facts in nutshell which give rise to the controversy are as under: In the proceedings initiated under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act ... Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') in CC No. 391/2003 on the file of II Additional Chief Metropolitan Magistrate, Visakhapatnam, the petitioner-accused filed petition in DDR No. 10385/2005 to examine the complainant-in-chief who filed an affidavit under Section 145(1) of the Act. ...

Dec 01 2005

Mr. Sanjay Dalmia and Ors. Vs. State and Anr.

  • Decided on : 01-Dec-2005

Court : Delhi

Reported in : 126(2006)DLT38

... exempting an official nominee director from prosecution under the Negotiable Instruments Act, 1881.The above provisions leave no doubt that as a result of the amendments, the matters under Section 138 are to be tried as summary cases and in Sub-section 3 of Section 143 of the Act, there is another direction that trials shall ... Negotiable Instruments Laws (Amendment) Act, 1988 wherein a new Chapter XVII was incorporated for penalties in case of dishonour of cheques due to insufficiency of funds in the account of the drawer of the cheque. These provisions were incorporated with a view to encourage the culture of use of cheques and enhancing the credibility of the instrument. The existing provisions in the Negotiable Instruments Act, 1881, namely sections ... use of cheques and enhancing the credibility of the instrument. The existing provisions in the Negotiable Instruments Act, 1881, namely sections 138 to 142 in Chapter XVII have been found deficient in dealing with dishonour of cheques. Not only the punishment provided in the Act has proved to be inadequate, the procedure prescribed ... Act are aimed at early disposal of cases relating to dishonour of cheques, enhancing punishment for 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.The above provisions leave no doubt that as a result of the amendments, the matters under Section ...

Dec 02 2005

Silkways Travels Pvt. Ltd. and Ors. Vs. State and Anr.

  • Decided on : 02-Dec-2005

Court : Delhi

Reported in : I(2006)BC343(NULL)

... Section 138/141 of the Negotiable Instruments Act. Such approach will defeat the very purpose of the Negotiable Instruments Act. In this regard I may reproduce hereunder the amendment Act 55 of 2002 pertaining to Negotiable Instruments Act, 1881:Amendment Act 55 of 2002 - Statement of Objects and Reasons - The Negotiable Instruments Act, 1881 was amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act ... the Negotiable Instruments Act, 1881.10. Under Section 138 of the Negotiable Instruments Act the period of imprisonment has been extended from 1 year to 2 years. Under Section 143(3) of the Act, the trial ... Section 211 IPC or 340 Cr.P.C. as deemed fit by the trial court. The petitioners/accused persons need not rush to the High Court against every order passed during the trial under Section 138/141 of the Negotiable Instruments Act. Such approach will defeat the very purpose of the Negotiable Instruments Act. In this regard I may reproduce hereunder the amendment Act 55 of 2002 pertaining to Negotiable Instruments Act, 1881 ... Act.2 ...3 ...4 ...5. The proposed amendments in the Act are aimed at early disposal of cases relating to dishonour of cheques, enhancing punishment for 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, 1881.10. Under Section 138 of the Negotiable Instruments Act ...

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