Judgment Search Results Home Phrase:negotiable instruments act 1881 section 3
Court : Andhra Pradesh
Reported in : 2002(2)ALT(Cri)417; II(2003)BC93
..... and dispose of the same in accordance with law.'18. it is also stated in k. mahadevan v. y. venkatesh, 1992(3) alt 634, as follows : 'under section 142 of the negotiable instruments act, 1881 no court shall takecognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course ..... of the cheque. that means, section 142(1) contemplates of filing of aprivate complaint only. this section does not give any indication to refer ..... of any offence punishable under section 138 except upon a complaint in writing made by the payee or as the case may be, the holder in due course ..... a complaint is presented under section 138 before the court this court has lime and again, mentioned that the procedure to be followed is as mentioned under section 200 of cr.p.c.17. it is stated in y. venkateswara rao v. mahee handlooms (pvt.) ltd., 1992(3) alt 73, as follows :'as evidenced by section 142 of the negotiable instruments act no court shall take cognizance .....Tag this Judgment!
Court : Kerala
Reported in : 2006(1)ALD(Cri)30; I(2006)BC489; 131CompCas474(Ker); 2005(4)KLT174
..... the petitioner herein, are the managing partner and partner respectively of the said firm and they are arrayed as accused nos. 2 and 3 respectively. the offence alleged is one punishable under section 138 of the negotiable instruments act, 1881 ('the act' for short).2. in each of the said private complaints, the complainant has inter alia alleged that the 2nd and 3rd accused who ..... the decision reported in 2004 (2) klt 634 - biju jacob v. annie mathew has observed as follows in paragraphs 2 and 3 of the decision:'2. the prosecutions are under section 138 of the negotiable instruments act. admittedly, the respondents/accused 3 to 5 are not signatories in the cheque. there is no contention that they are the managing partners of the firm on ..... observations are apposite:'against the summoning order passed by the magistrate, the respondent filed a petition under section 482 cr.p.c. after the respondent's application for discharge was unsuccessful.3. the high court invoked the provisions of section 141 of the negotiable instruments act and came to the conclusion that as the respondent was not in charge or responsible for the conduct ..... other partner and the firm. therefore, issuing cheque by a partner on behalf of firm binds other partners as well though not a signatory thereon. section 27 of n.i. act contemplated that issuing negotiable instrument by an agent binds the principal as well.4. moreover sleeping partners is a matter of fact. it requires evidence. therefore the issues could not .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(6)BomCR539; (2007)109BOMLR1930
..... : (i) the bills of exchange have not been duly stamped; (ii) the bills of exchange were not noted or protested; (iii) there was no notice of dishonour; and (iv) the plaintiff is not entitled to claim interest under section 80 of the negotiable instruments act, 1881 which is only applicable to indian bills of exchange. each of the defences can be taken up for consideration seriatim ..... .4. in so far as the defence that the bills have not been duly stamped is concerned, section 3 of the indian stamp act, 1899 provides for a charge of stamp duty ..... the bills of exchange are admissible in evidence.5. the next defence which needs to be addressed is that the bills of exchange were not noted or protested. section 104 of the negotiable instruments act, 1881 provides that a foreign bill of exchange must be protested for dishonour when such protest is required by the law of the place where the bill of exchange is ..... from the date at which the same ought to have been paid by the party charged, until tender or realization. however, it would be material to note that section 134 of the negotiable instruments act, 1881 provides that in the absence of a contract to the contrary, the liability of the maker or drawer of a foreign promissory note, bill of exchange or cheque is .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1981Raj157; 1981()WLN450
..... or date. it was held in the cited case that the definition of a 'bill of exchange payable on demand' under section 2(3) of the stamp act is much wider than what would be understood by this expression as used in the negotiable instruments act, 1881. following his earlier decision in mool chand v. shanker datfa (1965 raj lw 33) (supra), jagat narayan j. held that ..... kanhaiyalal's case (1970 raj lw 332) (supra) could be adjudged on the basis of section 19, negotiable instruments act. 1881, it could not possibly be described as a 'bill of exchange payable on demand' because according ..... the shahjog hundi under consideration by him was a 'bill of exchange payable on demand' as defined in section 2(3) of the act.8. it is noteworthy that if the hundi in ..... to section 19, it is only if no time for payment is specified in a bill of exchange .....Tag this Judgment!
Court : Kerala
..... the accused in c.c. no. 259 of 2005 on the file of the judicial first class magistrate-iii, palakkad challenges the conviction entered and the sentence passed against him for an offence punishable under sec. 138 of the negotiable instruments act, 1881 (hereinafter referred to as 'the act'). the cheque amount was `10,00,000/-. 2. i heard the learned counsel for the revision ..... petitioner and the learned public prosecutor. 3. the learned counsel appearing for the revision petitioner re-iterated the contentions in support ..... of the revision. 4. the courts below have concurrently held that the cheque in question was drawn by the petitioner in favour of the complainant, that the complainant had validly complied with clauses (a) and (b) of the proviso to section 138 of the act, ..... (3) cr.p.c. but, in that event, a sentence of imprisonment will be inevitable. i am, however, of the view that in the facts and circumstances of this case a sentence of fine with an appropriate default sentence will suffice. accordingly, for the conviction under section 138 of the act the revision petitioner is sentenced to pay a fine of .....Tag this Judgment!
Court : Mumbai
Reported in : 148CompCas636(Bom)
..... section 138 is a company, every person who, at the time the offence was committed, was in charge of, and ..... of a prospectus by reason only of his having given-(a) the consent required by section 58 to the inclusion therein of a statement purporting to be made by him as an expert, or(b) the consent required by sub-section (3) of section 60.7. section 141 of the negotiable instruments act, 1881, reads as under:141. offence by companies.-(1) if the person committing an offence under ..... undertaking which agreed to be collaborated for the formation of the company came to be nominated as the directors.3. the securities and exchange board of india (sebi) is a statutory body created under section 3 of the securities and exchange board of india act, 1992 see  75 comp cas (st.) 193, inter alia, to protect the interest of the general investors in ..... , 7 and 8. accused no. 3 is the managing director of accused no. 1 company. it is further pointed out that the complaint of the sebi substantially against accused nos. 6 to 8 and there is no material in the complaint implicating any of the petitioners in the alleged offence under section 63 of the companies act, 1956. in support of these contentions .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2001Bom409; 2002(1)ALLMR171; 2001(4)BomCR114; (2001)3BOMLR777
..... the expression for the purposes of negotiable instruments act, 1881. section 19 of the negotiable instruments act, 1881 provides as follows :'19. instrument payable on demand.- a promissory note or bill of exchange, in which no time for payment is specified, and a cheque, are payable on demand.'comparing the definition in section 19 of the negotiable instruments act, 1881 with the definition in section 2(3) of the indian stamp act, 1899, it would be apparent that ..... the indian stamp act, 1899 provides an extended definition of the expression 'bill of exchange payable on demand'. in so far as the ..... bill of exchange as defined by the negotiable instruments act, 1881, the expression has also been defined to include a hundi and any other document entitling or purporting to entitle any person, whether named therein or not to payment by any other person or to draw upon any other person for, any sum of money. sub-section (3) of section 2 provides a definition of the expression .....Tag this Judgment!
Court : Mumbai
Reported in : 2000(2)ALLMR242; 2000(3)BomCR169; (2000)1BOMLR968; 2000(2)MhLj855
..... acceptor of the said bills of exchange and sued in that capacity. the defendant nos. 3 & 5 are partners of the defendant no. 2 who is acceptor of the said bills of exchange and the defendant nos. 3 & 5 have been sued accordingly. section 37 of the negotiable instruments act, 1881 provides in unequivocal terms that drawer of bill of exchange until acceptance, and the acceptor ..... are liable as principal debtors, in the absence of a contract to the contrary. section 37 reads thus:-'37. maker, drawer and acceptor principals.---the ..... , but so far as the 2nd defendant is concerned, it is an acceptor of the bill of exchange and is independently liable as the principal debtor under section 37 of the negotiable instruments act and section 22 cannot operate against the 2nd defendant or their partners. i, therefore, do not find any merit in the contention of the learned counsel for the defendants ..... the person to whom the guarantee is given is called the 'creditor'. a guarantee may be either oral or written,'a careful reading of section 37 of the negotiable instruments act and section 126 of the indian contract act and a minute comparison thereof leaves no manner of doubt that an acceptor of a bill of exchange cannot be considered to be guarantor since .....Tag this Judgment!
Court : Delhi
..... chandigarh. in his statement recorded under section 161 cr.p.c. by the investigating officer, shri anil kaushik has categorically stated that respondent no. 2, accompanied ..... payable by respondent no. 3 to said shri anil kaushik. in fact, respondent no. 3 had issued a cheque for `6,500/- against part payment of arrears to shri anil kaushik in the month of december 1998, which had been returned dishonored and a complaint case under section 138 of the negotiable instruments act, 1881 was pending between respondent no. 3 and shri anil kaushik in ..... with respondent no. 3, had met him in chandigarh and had promised to clear the entire arrears. anil kaushik has also ..... khalil. she had also concealed that at the time of marriage with wasif khalil she had embraced islam. respondent no. 3 filed a petition for dissolution of marriage by a decree of nullity under sections 5 and 12 of the hindu marriage act, 1955 in the month of november, 2000. 2. on 16th september, 2000, that is, few months prior to .....Tag this Judgment!
Court : Delhi
..... .05.2009. 4.3 it may be pertinent to note at this stage, that since stc in turn, had been issued cheques in their favour by rpl, on dishonor of the cheques, instituted proceedings under section under section 138 of the negotiable instruments act, 1881 (in short n.i. act). as a matter of fact proceedings under section 138 of the n.i. act were lodged before the ..... metropolitan magistrate, in delhi. against summons issued by the magistrate, proceedings under section 482 of the criminal procedure code, 1973 (in short cr.p ..... is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding ..... award. (ii) that execution proceedings in respect of the award cannot be proceeded with in view of the statutory stay under section 22 of the sica act. as such, no insolvency notice is liable to be issued against the appellant. (iii) insolvency notice cannot be issued on an arbitration award. (iv) an arbitration award is neither a decree nor an order .....Tag this Judgment!