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Search Results Judgments > Phrase:NEGOTIABLE INSTRUMENTS ACT, 1881 1881 Section 143

Oct 04 2012

Ramjibhai Haribhai Chaudhari Vs. State of Gujarat and Another

  • Decided on : 04-Oct-2012

Court : Gujarat - Ahmedabad

... section 143 of the Negotiable Instruments Act, trial for the offence under section 138 of the Negotiable Instruments Act would not become summons trial automatically. As stated hereinabove, under the statute under section 143 of the Negotiable Instruments Act all the offences under Chapter XVII of the Negotiable Instruments Act, more particularly offence under section 138 of the Negotiable Instruments Act ... Negotiable Instruments Act, the aforesaid cannot be accepted. It is required to be noted that as per section 143 of the Negotiable Instruments Act, all offences under Chapter XVII of the Negotiable Instruments Act shall be tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate as summary trial and the provisions of Sections 262 to 265 of the said Code shall apply to such trials. Section 143 of the Negotiable Instruments Act ... section 143 of the Negotiable Instruments Act, the aforesaid cannot be accepted. It is required to be noted that as per section 143 of the Negotiable Instruments Act, all offences under Chapter XVII of the Negotiable Instruments Act shall be tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate as summary trial and the provisions of Sections 262 to 265 of the said Code shall apply to such trials. Section 143 ...

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 ... 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 ...

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 ...

Aug 23 2013

Shyambahadur Purshottam Sharma and Another Vs. Sudhakar Narshu Poojary ...

  • Decided on : 23-Aug-2013

Court : Mumbai

... . Section 143 of Negotiable Instruments Act provides that all offences under Chapter 12 of Negotiable Instruments Act shall be tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of Sections 262 to 265 of Cr.P.C. shall apply to such trials. Section 143 further provides, in the case of any conviction in a summary trial under this section, it ... 13. Mr.Jatin Shah, learned Counsel for writ petitioner says, matter of ??Nitinbhai ? was a summary trial and no procedure of extensive evidence was contemplated. Section 143 of Negotiable Instruments Act takes away effect of Section 326(3) of Cr.P.C. He says, in the later judgment of the Hon'ble Supreme Court dated 12.7.2013 in Criminal Appeal no.968 ... writ petitioner deposit balance amount of Rs.3,40,000/- in this Court upto 23rd February,2014, the conviction in terms of Section 138 of Negotiable Instruments Act, shall be treated as compounded in terms of Section 147 of Negotiable Instruments Act. (ii) Respondents are permitted to withdraw the deposited amount from this Court and also from Trial Court. (2) (i) Criminal application no ... Amit Kenia will not delve case of the complainant. The accused-petitioner did not rebut the presumption as was expected under Section 118 and 139 of Negotiable Instruments Act. It is well recognised legal position in terms of Section 139 of Negotiable Instruments Act that when an accused has to rebut the presumption, the standard to prove for doing so is by a ...

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, ... 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 ...

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 ...

Jul 14 2006

Peacock Industries Ltd., Vs. Budhrani Finance Ltd. and State of Mahara ...

  • Decided on : 14-Jul-2006

Court : Mumbai

Reported in : IV(2006)BC302; 2006(5)MhLj162

... Negotiable Instruments Act, 1881.16. 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 ... question whether the provisions of the Negotiable Instruments Act, 1881 as amended by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 are applicable to the complaints under Section 138 of the Act which are pending on the date on which the Amending Act came into force. While ... Section 145, the provisions of the Code cannot have any bearing, and their inapplicability cannot be seen as a denial of a substantive right.34. This Court in M/s.Indraprastha Holdings Ltd. (supra) has considered the very question whether the provisions of the Negotiable Instruments Act, 1881 as amended by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 are applicable to the complaints under Section ... Section 138 of the Negotiable Instruments Act,1881 and to make recommendations as to what changes were needed to effectively achieve the purpose of that section. The Working Group along with other representations from various institutions and organisations made recommendations which were examined by the Government in consultation with the Reserve Bank of India and other legal experts, and a Bill, namely, the Negotiable Instruments ...

Nov 01 2013

Ambica Plastopack Pvt Ltd & Anr Vs. State & Anr

  • Decided on : 01-Nov-2013

Court : Delhi

... costs in terms of judgment of Supreme Court. Conclusion The summary trial procedure to be followed for offences under Section 138 of Negotiable Instrument Act, 1881 would thus be as under: On the day complaint is presented, if the complaint is accompanied by affidavit of ... Section 138 of the Negotiable Instruments Act and held that the accused cannot appear before the High Court without appearance and disclosure of defence before the Magistrate. This Court laid down the following principles relating to the proceedings under Section 138 of the Negotiable Instruments Act: 1. Section 143 of the Negotiable Instrument Act: Under Section 143 of the Negotiable Instrument Act, all offences are to be tried in accordance with summary trial provisions of Section ... proceedings under Section 138 of the Negotiable Instruments Act: 1. Section 143 of the Negotiable Instrument Act: Under Section 143 of the Negotiable Instrument Act, all offences are to be tried in accordance with summary trial provisions of Section 260 to 265 of Cr.P.C. In case of conviction of the accused under Section 138 ... Section 138 Negotiable Instruments Act 8. The last ground of challenge by the petitioners is that more than three cheques cannot be clubbed in proceedings under Section 138 of Negotiable Instruments Act. There is no merit in this contention as the cause of action for filing a complaint under Section 138 of the Negotiable Instruments Act is the service of notice under Section 138 of the Negotiable Instruments Act ...

Nov 01 2013

Ramsarup Industries Ltd Vs. Indian Renewable Energy Development Agenc ...

  • Decided on : 01-Nov-2013

Court : Delhi

... , where a cheque is deposited for collection, would have territorial jurisdiction to try the accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short "the N.I. Act") or would it be only the Court exercising territorial jurisdiction over the drawee bank or the bank on which the ... Section 138 of the Negotiable Instruments Act and held that the accused cannot appear before the High Court without appearance and disclosure of defence before the Magistrate. This Court laid down the following principles relating to the proceedings under Section 138 of the Negotiable Instruments Act: 1. Section 143 of the Negotiable Instrument Act: Under Section 143 of the Negotiable Instrument Act, all offences are to be tried in accordance with summary trial provisions of Section ... of judgment of Supreme Court. Conclusion The summary trial procedure to be followed for 5.1 5.2 5.3 7. offences under Section 138 of Negotiable Instrument Act, 1881 would thus be as under: On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, the concerned Magistrate ... principles relating to the proceedings under Section 138 of the Negotiable Instruments Act: 1. Section 143 of the Negotiable Instrument Act: Under Section 143 of the Negotiable Instrument Act, all offences are to be tried in accordance with summary trial provisions of Section 260 to 265 of Cr.P.C. In case of conviction of the accused under Section 138, the Magistrate can pass ...

Nov 01 2013

Ramsarup Industries Ltd & Anr Vs. Indian Renewable Energy Development ...

  • Decided on : 01-Nov-2013

Court : Delhi

... , where a cheque is deposited for collection, would have territorial jurisdiction to try the accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short "the N.I. Act") or would it be only the Court exercising territorial jurisdiction over the drawee bank or the bank on which the ... Section 138 of the Negotiable Instruments Act and held that the accused cannot appear before the High Court without appearance and disclosure of defence before the Magistrate. This Court laid down the following principles relating to the proceedings under Section 138 of the Negotiable Instruments Act: 1. Section 143 of the Negotiable Instrument Act: Under Section 143 of the Negotiable Instrument Act, all offences are to be tried in accordance with summary trial provisions of Section ... of judgment of Supreme Court. Conclusion The summary trial procedure to be followed for 5.1 5.2 5.3 7. offences under Section 138 of Negotiable Instrument Act, 1881 would thus be as under: On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, the concerned Magistrate ... principles relating to the proceedings under Section 138 of the Negotiable Instruments Act: 1. Section 143 of the Negotiable Instrument Act: Under Section 143 of the Negotiable Instrument Act, all offences are to be tried in accordance with summary trial provisions of Section 260 to 265 of Cr.P.C. In case of conviction of the accused under Section 138, the Magistrate can pass ...

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