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

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

... chief metropolitan magistrate, bangalore and not by the judicial magistrate of first class. at this stage, it is beneficial to look into the provision of 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 262 to 265 (both ... five 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/-. as ... 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, from that date onwards, even the judicial magistrate first class may pass sentence of fine exceeding ...

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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)

... 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 of dishonoured ... prayed for in those petitions 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 ... 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 ...

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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

... 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, 2000 have also been amended by the act no. 55 of 2002. the main aims and objects, for creation of chapter xvii and further amendment therein (ibid) ... 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 of the code has also saved for expeditious trial and endeavour shall be made to conclude trial within six months from the ... filed in the year 2000 and yet plea of accused is not recorded. during this period, the act has been amended by the act no. 55 of 2002 came into force with effect from 6-2-2000. by this amendment, new provision i.e. sections 143 to 147 have been incorporated. all these provisions are regarding procedure. . it is well settled principle ... provision restrospectively or prospectively then the procedural provision will have retrospective effect in the pending cases. section 143 gives power to the court to try cases summarily. this section has a mandatory effect and the provisions start from non abstaining clause. this means that provisions of section 259 of the code regarding warrant trial shall have no application in the case for trying ...

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Jun 07 1999

Orient Syntex Limited & others Vs. Besant Capital Tech Limited

  • Decided on : 07-Jun-1999

Court : Mumbai

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

... (kart.) 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 ... ought 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 ... debt or liability which is a legal requirement and necessary ingredient for attracting the provisions of section 138 of the negotiable instruments act, 1881. in the absence of such pleadings, the benefit of the presumption contemplated under section 139 of the negotiable instruments act, 1881, is not available to the complainant and, therefore, the learned magistrate has gravely erred in ... petitioner company and its directors would be prosecuted for having committed offence punishable under section 138 of the negotiable instruments act, 1881. as the petitioner company and its directors refused to comply with the notice, a complaint under section 138 of the negotiable instruments act, 1881 came to be filed in the court of the judicial magistrate, akola, against ...

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May 19 2006

Asia Metal Corporation (HUF) Vs. State and Anr.

  • Decided on : 19-May-2006

Court : Delhi

Reported in : 130(2006)DLT545

... magistrate on 27.5.2006, the date already fixed in that matter for the remaining accused. i direct that the trial be conducted expeditiously keeping in view the newly amended section 143 of the negotiable instruments act, 1881. the same be concluded preferably within six months. these revision petitions stand disposed of.lcr be sent back immediately. ... .2001 whereby all the accused persons except the accused yogesh gupta have been 'discharged'. the accused persons were said to have committed the offences under section 138 of the negotiable instruments act, 1881 (hereinafter referred to as the act) read with section 141 thereof.2. the learned counsel appearing for the respondent no. 2 (sanjay chaudhary) submits at the very outset that these revision petitions are not ... he pleads guilty or has any defense to make. no formal charge is required to be framed. the proceedings in the case under section 138 of the negotiable instrument act commence with filing of a complaint and cognizance being taken under section 190(1)(a) of the code following examination of the complainant. since it is summons triable case the learned metropolitan magistrate issued the ...

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May 06 2008

Shriniwas S/o Bacchulalji Padiya Vs. Akola Janata Commercial Co-Op. Ba ...

  • Decided on : 06-May-2008

Court : Mumbai

Reported in : 2009CriLJ110; 2008(5)MhLj161

... 2003, 6652/2003, 3426/2003, 6649/2003, 2549/2003, 4417/2003, and 9051/2003 against the present applicant alleging commission of offence under section 138 of the negotiable instruments act, 1881 (hereinafter referred to as 'the act') since the cheques issued by the applicant were dishonoured. after issuance of process, the applicant filed separate applications in each of criminal case purporting ... tried as warrant case. the learned counsel for the applicant has not been able to point out any other provision in the negotiable instruments act, 1881 which permits trial of an offence punishable under section 138 of the act as warrant case. for the reasons aforesaid, i find that the applicant has not made out any case/for interference with ... to be under section 259 of the code of criminal procedure (hereinafter referred to as 'the code') read with section 143 of the act. by these applications ... considered the submissions made by learned counsel for the parties and perused records. in order to appreciate the rival submissions, it would be appropriate to quote section 143 of the act. it reads thus:section 143. power of court to try cases summarily. - (1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974), all ...

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Oct 11 2011

R.Vijayan Vs. Baby & Anr.

  • Decided on : 11-Oct-2011

Court : Supreme Court of India

Reported in : (2012)1SCC260; AIR2012SC528; 2012CriLJ846; (2012)1SCC(Cri)520; (2012)1SCC(Civ)79

... 1. leave granted. heard.2. the complainant in a complaint under section 138 of the negotiable instruments act, 1881 (`act' for short) is the appellant in this appeal by special leave. a cheque dated 31.3.1995 for rs.20,000/- issued by the first respondent drawn in favour of ... may not be of any assistance in this case, that the difficulty caused by the ceiling imposed by section 29(2) of the code has been subsequently solved by insertion of section 143 in the act (by amendment act no.55 of 2002) with effect from 6.2.2003. section 143(1) provides that notwithstanding anything contained in the code, all offences under chapter xvii of the ... act should be tried by a judicial magistrate of the first class or by a metropolitan magistrate and the provisions ... they should simultaneously file a civil suit or not. the problem is aggravated having regard to the fact that in spite of section 143(3) of the act requiring the complaints in regard to cheque dishonour cases under section 138 of the act to be concluded within six months from the date of the filing of the complaint, such cases seldom reach finality before three ...

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Aug 26 2008

Tanaji Dinkar Wadakar Vs. Veer Chaphekar Nagari Sahakari Pat Sanstha L ...

  • Decided on : 26-Aug-2008

Court : Mumbai

Reported in : 2009(3)BomCR850

... is the original complainant who filed a complaint alleging commission of offence under section 138 of the negotiable instruments act, 1881 (hereinafter referred to as 'the said act'). the 1st to 11th respondents are the accused in the said complaint.2. an application was made on behalf of the accused under section 143 of the said act praying that the trial may be conducted as a warrant case. the ... who may have been examined and proceed to hear or rehear the case in the manner provided by the said code.7. sub-section (1) of section 143 starts with non-obstante clause. sub-section (1) provides that offences under chapter xvii of the said act of 1881 shall be tried by a judicial magistrate of the first class or by a metropolitan magistrate. the said ... , it cannot be said that the provision would override the general provision under cri.p.c. hence, the order.6. it will be necessary to refer to section 143 of the said act 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 ... section provides that the provisions of section 262 to 265 of the said code apply to such trials. thus, a forum is created by section 143 itself which lays down the procedure to be followed in ...

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Dec 07 2010

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

  • Decided on : 07-Dec-2010

Court : Mumbai

... 1.this petition has been placed before the full bench for considering the question about interpretation of 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 actni actni 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 ... oath for taking the decision whether or not to issue process on the complaint under section 138 of the negotiable instruments act, 1881. it is only if and where the magistrate, after considering the complaint under section 138 of the negotiable instruments act, 1881 and the documents produced in support thereof and the verification in the form of affidavit of ... oath for taking decision whether or not to issue process on the complaint under 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 ...

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Nov 04 2013

K.Ramalakshmi Vs. Swarnalatha

  • Decided on : 04-Nov-2013

Court : Chennai

... 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 of cases. 12.it is to be borne in mind that in wharton's law lexicon 14th edition ... , the punishment could be imposed more than one year.7. the learned counsel for the petitioner / accused makes a useful reference to the ingredients of section 143 of the negotiable instruments act, 1881, which runs as follows:- ".143. power of the court to try cases summarily:-(1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974), all offences under ... 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 for the petitioner strenuously submits that the trial of the case could be proceeded under ... without the 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 sentence of ...

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