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Judgment Search Results Home  Phrase:negotiable instruments act 1881 section 3

Mar 18 2002

Mrs. Sonia Bhalla and Ors. Vs. Rajneesh Aggarwal and Ors.

  • Decided on : 18-Mar-2002

Court : Himachal Pradesh

Reported in : 2002CriLJ3053

... on 23.3.1998 for the prosecution of the petitioners and respondent Nos. 2 and 3 for the offence under Section 138, Negotiable Instruments Act, 1881.5. After recording the preliminary evidence, the learned Magistrate vide his order dated 17.4.1998 summoned the petitioners and respondents 2 and 3 for their prosecution for the offence under Section 138, Negotiable Instruments Act, 1881.6. ... and respondents 2 and 3 failed to comply with the notice, a criminal complaint came to be filed by respondent No. 1 before the Additional Chief Judicial Magistrate, Kullu, on 23.3.1998 for the prosecution of the petitioners and respondent Nos. 2 and 3 for the offence under Section 138, Negotiable Instruments Act, 1881.5. After recording ... the offence under Section 138, Negotiable Instruments Act, 1881.2. Respondent No. 2, Messrs Bhalla Techtran Industries Limited, having its registered office at 116, Jorbagh, New Delhi-110003 is a limited company duly incorporated under the Companies Act, 1956. Petitioners are the Directors of such company, while respondent No. 3 is the Managing Director thereof.3. Respondent No. ... 3 as Managing Director of the company-respondent No. 2. Such cheque was dishonoured on presentation and returned to respondent No. 1 through his bankers with the endorsement 'Payment stopped by the drawer'.9. Section 141, Negotiable Instruments Act, 1881 (for short 'the Act') which reads with 'Offence by Companies' reads :'(1) If the person committing an offence under Section ...

Dec 01 2011

Navneetdas Narayandas Barshikar Vs. Bacchubhai Mulji Tanna And Anr.

  • Decided on : 01-Dec-2011

Court : Mumbai - Aurangabad

... 3-3-1998, but still the accused failed to make payment of the said cheque amount to the complainant, and hence, it is alleged that the accused deceived the complainant deliberately and intentionally, and also committed offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Hence, the complainant filed complaint on 25-3-1998, against the accused under Section 138 of the Negotiable Instruments Act ... dated 16th August 2000, rendered by the learned Judicial Magistrate (F.C.), Court No.3, Ahmednagar, in Summary Criminal Case No. 1093/1998, thereby acquitting the respondent (original accused) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 3. Parties are hereinafter referred to as per their original status i.e. complainant and ... by the accused to the complainant towards discharge of legally enforceable debt / liability, and therefore, acquitted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, by the impugned judgment and order dated 16th August 2000. Being aggrieved and dissatisfied by the said judgment and order of acquittal, the appellant ... and analyzing the evidence on record, the view adopted by the learned trial court, while acquitting the accused, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, is a possible view and same does not appear to be perverse. Moreover, reasoning given by the learned trial court, for acquittal of the ...

Oct 11 2007

Collage Culture and Ors. Vs. Apparel Export Promotion Council

  • Decided on : 11-Oct-2007

Court : Delhi

Reported in : 2007(99)DRJ251

... face trial for the alleged offence under Section 138 of the Negotiable Instruments Act 1881 be quashed.2. It is urged that no actionable cause exists in favour of the complainant to make out the offence under Section 138 of the Negotiable Instruments Act 1881. It is urged that the sine qua non for the applicability of Section 138 of the Negotiable Instruments Act 1881 is the issuance of cheque for ... the happening or the non-happening of an event i.e. towards a contingency cannot be the foundation of an action under Section 138 of the Negotiable Instruments Act 1881.3. Admittedly, the complaint which was filed under Section 138 of the Negotiable Instruments Act 1881 pertained to cheques issued by the petitioners on 1.6.2003.4. The cheques in question were in replacement of earlier ... post dated cheque for a debt due but payment postponed at a future date would attract Section 138 of the Negotiable Instruments Act 1881. But the cheque issued not for an existing due, but issued by way of a security, would not attract Section 138 of the Negotiable Instruments Act 1881, for it has not been issued for a debt which has come into in existence. ... a liquidated damages and not a demand which may or may not come into existence; coming into existence being contingent upon the happening of an event.23. Section 138 of the Negotiable Instruments Act 1881 reads as under:138. Dishonour of cheque for insufficiency, etc., of funds in the account.--Where any cheque drawn by a person on an account ...

Oct 09 2013

Delhi High Court Bar Association & Anr Vs. Govt of Nct of Delhi & Anr

  • Decided on : 09-Oct-2013

Court : Delhi

... Section 19 of the Court Fees Act. Proceedings under Section 138 of the Negotiable Instruments Act, 1881 421. We may also examine the amendment effected qua proceedings under Section 138 of the Negotiable Instruments Act. It is prescribed as follows: Complaint under Section 138 of the Negotiable Instruments Act, 1881 Entry 3. Earlier (Rs.) Complaint under Same as Rs.1.25p section 138 of the prescribed in the Negotiable foregoing scale Instruments Act ... Negotiable Instruments Act, 1881 421. We may also examine the amendment effected qua proceedings under Section 138 of the Negotiable Instruments Act. It is prescribed as follows: Complaint under Section 138 of the Negotiable Instruments Act, 1881 Entry 3. Earlier (Rs.) Complaint under Same as Rs.1.25p section 138 of the prescribed in the Negotiable foregoing scale Instruments Act, (vide Article I) W.P.(C)No.4770/2012 Present fee Fee page 253 of 531 1881 (26 of 1881 ... Section 138 of the Negotiable Instruments Act. It is prescribed as follows: Complaint under Section 138 of the Negotiable Instruments Act, 1881 Entry 3. Earlier (Rs.) Complaint under Same as Rs.1.25p section 138 of the prescribed in the Negotiable foregoing scale Instruments Act, (vide Article I) W.P.(C)No.4770/2012 Present fee Fee page 253 of 531 1881 (26 of 1881) calculated in terms with value of the instrument ... No Court fee shall be payable on the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 and the application filed for review of the W.P.(C ...

Oct 09 2013

Delhi High Court Bar Association & Anr. Vs. Govt. of Nct of Delhi & A ...

  • Decided on : 09-Oct-2013

Court : Delhi

... Section 19 of the Court Fees Act. Proceedings under Section 138 of the Negotiable Instruments Act, 1881 421. We may also examine the amendment effected qua proceedings under Section 138 of the Negotiable Instruments Act. It is prescribed as follows: Complaint under Section 138 of the Negotiable Instruments Act, 1881 Entry 3. Earlier (Rs.) Complaint under Same as Rs.1.25p section 138 of the prescribed in the Negotiable foregoing scale Instruments Act ... Negotiable Instruments Act, 1881 421. We may also examine the amendment effected qua proceedings under Section 138 of the Negotiable Instruments Act. It is prescribed as follows: Complaint under Section 138 of the Negotiable Instruments Act, 1881 Entry 3. Earlier (Rs.) Complaint under Same as Rs.1.25p section 138 of the prescribed in the Negotiable foregoing scale Instruments Act, (vide Article I) W.P.(C)No.4770/2012 Present fee Fee page 253 of 531 1881 (26 of 1881 ... Section 138 of the Negotiable Instruments Act. It is prescribed as follows: Complaint under Section 138 of the Negotiable Instruments Act, 1881 Entry 3. Earlier (Rs.) Complaint under Same as Rs.1.25p section 138 of the prescribed in the Negotiable foregoing scale Instruments Act, (vide Article I) W.P.(C)No.4770/2012 Present fee Fee page 253 of 531 1881 (26 of 1881) calculated in terms with value of the instrument ... No Court fee shall be payable on the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 and the application filed for review of the W.P.(C ...

Oct 19 2012

Dinesh B. Chokshi and Others Vs. Rahul Vasudeo Bhatt and Others

  • Decided on : 19-Oct-2012

Court : Mumbai

... Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the said Act of 1881 ) have relied upon various decisions of the learned Single Judges of this Court holding that a cheque issued amounts to promise within the meaning of Section 25(3) of the Contract Act and submitted that a complaint under the provisions of Section 138 of the said Act of 1881 ... meaning of Section 25(3) of the Indian Contract Act, 1872? (ii) If it amounts to such a promise, does such a promise, by itself, create any legally enforceable debt or other liability as contemplated by Section 138 of the Negotiable Instruments Act, 1881? 3. We have ... Act ). He submitted that the answer to the question whether a cheque is issued in discharge of any legally enforceable debt or liability or not depends on factual matrix of every case and no hard and fast rule can be laid down. Learned counsel appearing for the original Complainants in the Complaints alleging offences under Section 138 of the Negotiable Instruments Act, 1881 ... Sections 118 and 139 of the said Act of 1881 read thus:- 118. Presumptions as to negotiable instruments. 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, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration; (b) as to date: that every negotiable instrument ...

Aug 23 2012

Sanjay Somani Vs. State of U.P and Another

  • Decided on : 23-Aug-2012

Court : Allahabad

... 1995), whereby the revisionist has been summoned under section 138 of the Negotiable Instruments Act, 1881. 3. The facts, as elicited from the record, are that Allahabad Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, on 6.2.1995, instituted complaint, under section 138 of the Negotiable Instruments Act, 1881, against M/s Somani Investments and its authorized ... years to issue process, when the statement under section 200 CrPC, which was not even required by law, was recorded 17 years back. Matters under section 138 of the Negotiable Instruments Act, 1881 are to be dealt with utmost expedition otherwise the very purpose, for which the provision was inserted in the Act, would stand frustrated. 10. For the reasons mentioned ... Lal Chandani, and since he is no more alive, the original cannot be produced. The court below finding that a prima facie case punishable under Section 138 of the Negotiable Instruments Act, 1881 was made out against the revisionist passed the impugned summoning order. 4. Challenging the summoning order, the learned counsel for the revisionist contended that ... within 30 days from the date of expiry of the 15 days notice, it was well within the period of limitation provided under clause (b) of Section 142 of the Negotiable Instruments Act, 1881. In the circumstances, the proceedings are not barred by limitation. Accordingly, on this ground, the summoning order cannot be faulted. 7. As regards the ...

Nov 04 2013

K.Ramalakshmi Vs. Swarnalatha

  • Decided on : 04-Nov-2013

Court : Chennai

... against 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 for ... 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 ... 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 ... 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 ...

Mar 29 2012

M.Panchamurthy Vs. The Fertilizers And Chemicals.

  • Decided on : 29-Mar-2012

Court : Chennai

... and the same trial. Therefore, the revision petitioner/accused should be prosecuted for 3 counts of the offence under section 138 of the Negotiable Instruments Act, 1881 r/w sections 141 and 142 of the said Act for the said offence, each one relating to the dishonour of the above said three cheques.3. The learned Judicial Magistrate No.II, Thanjavur took it on file as C ... the complaint for prosecuting the revision petitioner/accused for the offence under section 138 r/w section 141 and 142 of the Negotiable Instruments ACt, 1881 on three counts relating to the dishonour of all the three cheques.12. The conditions precedent for prosecuting the drawer for an offence under section 138 of the Negotiable Instruments Act, 1881 has also been complied with. Compliance with such conditions alone shall ... the correctness and legality of the judgment of the learned appellate judge confirming the judgment of the trial court convicting the revision petitioner/accused for the offence under section 138 of the Negotiable Instruments Act, 1881 (3 counts) and imposing punishment as aforesaid, the revision petitioner/accused has come forward with present criminal revision case on various grounds set out in the grounds of ... The accused, who was prosecuted for an offence under section 138 of the Negotiable Instruments Act, 1881 (3 counts), convicted and sentenced to undergo simple imprisonment for six months and pay a fine of Rs.2,000/- on each count of the charges, after unsuccessfully prosecuting an ...

Jan 29 2009

Javed Hanif Quareshi Vs. Lakhani Traders through its Mnager Shri Nadim ...

  • Decided on : 29-Jan-2009

Court : Mumbai

Reported in : 2009(2)MhLj663

... Class, Navapur has been pleased to convict the accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 and has sentenced the accused to suffer simple imprisonment for six months and to pay the compensation of Rs. 3 lacks to the original complainant.6. On 25.3.2008 the present applicant filed Criminal Appeal No. 2/2008 before the Court of ... Section 138 of Negotiable Instruments Act, 1881.4. The present respondent filed a private complaint in the Court of Judicial Magistrate, First Class, Navapur, alleging that the accused had purchased the live chicken stock from the complainant of worth Rs. 3 lacks. Towards the payment of said amount the accused had issued one cheque bearing No. 194321 to the complainant for the amount of Rs. 3 ... Judge, Nandurbar below application, Exh. 4, in Criminal Appeal No. 2/2008.3. The present applicant is the original accused in S.T.C. No. 60/05 which is tried by the Judicial Magistrate, First Class, Navapur for the offence punishable under Section 138 of Negotiable Instruments Act, 1881.4. The present respondent filed a private complaint in the Court of Judicial Magistrate ... for the amount of Rs. 3 lacks. The said cheque dated 22nd November, 2004 was drawn on the State Bank of India, Branch at Songad.5. On 29.2.2008 the learned Judicial Magistrate, First Class, Navapur has been pleased to convict the accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 and has sentenced the accused to ...

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