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

Nov 13 2009

Pratibha Pandurang Salvi, Vs. State of Maharashtra and Nazim Ahmed Zar ...

  • Decided on : 13-Nov-2009

Court : Mumbai

Reported in : 2010CriLJ730

... summarily as provided for under Sub-section (1) of Section 143 of the Act, so as to attract the provisions of Section 326 of the Code. Therefore, the evidence recorded by one Magistrate in such a case may be legally read in evidence by his successor and no de novo trial shall be necessary.10. Thus, under Section 143 of the Negotiable Instruments Act the word used may leaves option ... Section 143 of the Negotiable Instruments Act the word used may leaves option open for the Magistrate to chose whether the case is to be tried summarily or as a summons case. However, such option is not open for the matter under the Indian Penal Code which are tried summarily under chapter XXI and in those matters all the provisions under Chapter XXI and Section 326 ... respect of Section 138 of the Negotiable Instruments Act where the option of trying the case summarily is given to the Judge.9. In the case of Shivaji Jagtap (supra) the learned Single Judge has held thatIn other words ,a case, which is triable as summarily, and in which the record of the proceedings has been prepared in accordance with the provisions of Sections 263 ... regular summons case and not tried in a summary way as contemplated under Sections 262 - 265 of the Code, such case shall not be considered as tried in summary way, though triable summarily as provided for under Sub-section (1) of Section 143 of the Act, so as to attract the provisions of Section 326 of the Code. Therefore, the evidence recorded by one Magistrate in ...

Nov 14 2006

Westfort Hi-Tech Hospital Ltd. and Anr. Vs. V.S. Krishnan and Ors.

  • Decided on : 14-Nov-2006

Court : Kerala

Reported in : (2007)2CompLJ143(Ker); [2007]76SCL185(Ker)

... . Section 172 is very clear that the obligation of the company is to give notice' in the manner as provided under Section 53(1) to (4). There is clear difference between 'giving of notice' and 'receipt of notice'. In Madhu v. Omega Pipes Ltd. (1994) 1 ALT (Crl) 603 (Ker), the scope and ambit of Section 138 Clauses (b) and (c) of the Negotiable Instruments Act ... Section 143 of the Companies Act, which reads, 'the acts of a director or manager shall be valid notwithstanding any defect that may afterwards be discovered in his appointment or qualification', decided that the section will protect the acts even though the parties concerned knew the facts, but were not conscious of the defect. It is true that if there is no appointment at all, the section ... of some of the directors were set aside subsequently. The acts of a de facto director are treated as valid both vis-a-vis members. In Kanssen v. Rialto (West End.) Ltd. (1945) 15 Comp Cas 23), Lord Greene M.R., while dealing with Section 143 of the Companies Act, which reads, 'the acts of a director or manager shall be valid notwithstanding any defect ... equitable to order winding up and there is oppression. Section 397 of the Companies Act is intended to avoid winding up and mitigate and alleviate oppression. Section 397 of the Act is geared to help the members who are oppressed whereas Section 398 comes into play in case of 'mismanagement'. Relief under Section 398 of the Act is to save the company if the affairs of the ...

Aug 07 1996

S. Reddappa Vs. Sri Vijaya M.

  • Decided on : 07-Aug-1996

Court : Karnataka

Reported in : 1997(1)ALT(Cri)365; 1997CriLJ98; ILR1997KAR87; 1997(1)KarLJ291

... was) considering the scope and purport of S. 256, Cr.P.C. in a case arising out of compliant for an offence under S. 138 of Negotiable Instruments Act, has said that sub-sec. (2) of the section is intended to achieve this objective, it cannot be held that the Magistrate has no option but to acquit the accused when the complainant is dead. In ... of the Negotiable Instruments Act is also non-cognizable in accordance with the classification of offences, against other laws in the first schedule of the Code of Criminal Procedure, 1973. In Subbanna Hegde's case, the complainant alleged that A-1 to 8 therein committed offences punishable under Ss. 143, 147, 149, 324, 326, 342 and 506, of IPC Offence under Ss. 143, 147, 324 ... by registered post and under certificate of posting as required under the Act. The learned Magistrate, on January 11, 1990 took cognizance of the offence, recorded the sworn statement of the complainant, registered a case in C.C. No. 2392/1990 for an offence under S. 138 of the Negotiable Instruments Act and process issued for the appearance of the accused. Summons issued on ... complaint under S. 200, Cr.P.C. in the Court of Metropolitan Magistrate III Court), Bangalore against the respondent-accused alleging commission of an offence under S. 138 of the Negotiable Instruments Act. It is stated that cheque No. 604458 dated October 30, 1989 for Rs. 3,75,000/- issued to him by the accused drawn on Mandya District Co-operative Bank, Naguvanahally ...

Dec 18 2000

Mayor and Co. Vs. Commissioner of Income-tax and Anr.

  • Decided on : 18-Dec-2000

Court : Punjab and Haryana

Reported in : (2001)166CTR(P& H)114; [2001]248ITR162(P& H)

... the country. Finding that civil as well as proceedings under Section 138 of the Negotiable Instruments Act, 1881, had started between the petitioner and the defaulting party, which was not likely to conclude soon, further extension in time was declined. Extension has not to be given on the mere asking. Rather the Section provides that extension can be given only after recording reasons for ... for further extension of period, and the assessee's petition is accordingly rejected.'11. In the meanwhile, respondent No. 2 issued notice dated August 4, 1998, under Section 143(2) of the Act for finalisation of assessment and vide annexure P-16, dated December 10, 1998, he completed the assessment by making an addition of Rs. 1,78,612 to the ... of Income-tax, Jalandhar (respondent No. 1), under Section 80HHC(2)(a) of the Income-tax Act, 1961 (for short, 'the Act'), and also the order of assessment annexure P-16, dated December 10, 1998, passed by the Joint Commissioner of Income-tax, Special Range, Jalandhar (respondent No. 2), under Section 143(3) of the Act.2. The petitioner is manufacturing and exporting out ... 2), under Section 143(3) of the Act.2. The petitioner is manufacturing and exporting out of India sports goods like footballs, rugby balls, volley balls, etc. It is also exporting houseware items, such as stainless steel utensils after purchasing them from other manufacturers. In the assessment year 1996-97, the petitioner filed a return under Section 139(1) of the Act declaring its ...

Jan 11 2010

Mandvi Co-op. Bank Ltd. Vs. Nimesh B. Thakore

  • Decided on : 11-Jan-2010

Court : Supreme

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 ...

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 ...

Jan 03 2006

City Palace Electronics and Ors. Vs. State and Anr.

  • Decided on : 03-Jan-2006

Court : Delhi

Reported in : 126(2006)DLT324; 2006(86)DRJ741

... Negotiable Instruments Act, 1881.Under Section 138 of the Negotiable Instruments Act, the period of imprisonment has been enhanced from 1 year to 2 years. Already there is provision for fine which may extend to twice the amount of the cheque as additional punishment for the offence. Under Section 143(3) of the Act ... sections of the Negotiable Instruments Act stood defeated due to prolongation of the trials on one or another pretext and the matters were being dragged on for months and years on flimsy grounds. I may reproduce hereunder some portions of the Preamble in the amended Negotiable Instruments Act: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 ... Section 138 and other related sections of the Negotiable Instruments Act stood defeated due to prolongation of the trials on one or another pretext and the matters were being dragged on for months and years on flimsy grounds. I may reproduce hereunder some portions of the Preamble in the amended Negotiable Instruments Act:Amendment Act 55 of 2002 Statement of Objects and Reasons The Negotiable Instruments Act, 1881 ...

Dec 20 2005

Hora Sales Agencies and Ors. Vs. Quest Components (P) Ltd.

  • Decided on : 20-Dec-2005

Court : Delhi

Reported in : II(2007)BC345; 2006CriLJ1445; 126(2006)DLT514; 2006(86)DRJ417

... 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 summarily (Section 143 of Negotiable Instruments Act and Section 262 to 265 Cr.P.C.) and in sub-section 3 of Section 143 of the Act, there is yet ... Section 254 read with Section 263 Cr.P.C.).6. Before parting with this order I may mention that the following amendments were made in the NI Act in the year 2002: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 ... Section 251 Cr.P.C. and now the petitioners should only face the trial and give their defense, if any (Section 254 read with Section 263 Cr.P.C.).6. Before parting with this order I may mention that the following amendments were made in the NI Act in the year 2002:Amendment Act 55 of 2002 - Statement of Objects and Reasons - The Negotiable Instruments Act, 1881 ... 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 ...

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 ...

Jan 24 2006

Madan Aggarwal Vs. State and Anr.

  • Decided on : 24-Jan-2006

Court : Delhi

Reported in : 2006(1)ALD(Cri)55; (2006)143PLR7

... under the Negotiable Instruments Act, 1881.Under Section 138 of the Negotiable Instruments Act, the period of imprisonment has been enhanced from 1 year to 2 years. Already there is provision for fine which may extend to twice the amount of the cheque as additional punishment for the offence. Under Section 143(3) of the Act, the ... 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.Under Section 138 of the Negotiable Instruments Act ... 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 ...

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