Skip to content

Filter by :

Search Results Judgments > Act:NEGOTIABLE INSTRUMENTS ACT, 1881 Section 17 Court:Supreme

Apr 10 2007

Dilip S. Dahanukar Vs. Kotak Mahindra Co. Ltd. and Anr.

  • Decided on : 10-Apr-2007

Court : Supreme Court of India

Reported in : [2007]137CompCas1(SC); 2007CriLJ2417; (2008)1GLR307; JT2007(6)SC204; 2008(1)MhLj22; 2007(11)OLR(SC)263; 2007(5)SCALE452; (2007)6SCC528

... . Dahanukar, stands convicted for the offence punishable under Section 138 r.w. 141 of Negotiable Instruments Act, 1881.The accused No. 2 is sentenced to suffer S.I. for 1 month.The accused No. 2 is also directed to pay compensation to the complainant, quantified (sic) at Rs. 15,00,000/- (Rupees Fifteen lakhs only), under Section 357(3) of Cr.P.C. The ... and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 were quested qua Section 17(4) thereof, held: 'In view of the discussion already held in this behalf, we find that the requirement of deposit of 75% of the amount claimed before entertaining an appeal (petition) under Section 17 of the Act is an oppressive, onerous and arbitrary condition against all the ... provisions of Section 357 of the Code in details. This Court in an appropriate case may have to consider as to whether in economic offence like Negotiable Instruments Act, the Courts should at all invoke Sub-section (3) of Section 357 of the Code, when the purpose can be achieved by taking recourse to substantive provision of Section 138 of the Act read with Section 357(1) ... the Companies Act, 1956 and Accused No. 2-Appellant herein were convicted for commission of an offence involving Section 138 of the Act by a judgment of conviction and sentence dated 23.2.2006 holding:The accused No. 1 company M/s. Good value Marketing Co. Ltd. stands convicted for the offence punishable under Section 138 r.w. 141 of Negotiable Instruments Act.The accused ...

May 28 1954

Seth Jagjivan Mavji Vithlani Vs. Ranchhoddas Meghji

  • Decided on : 28-May-1954

Court : Supreme Court of India

Reported in : AIR1954SC554; (1955)57BOMLR17; [1955]1SCR503

... .R. 1009)). But the law was altered in England by section 17(2) of the Bills of Exchange Act, 1882, which enacted that an acceptance was invalid, unless it was written on the bill and signed by the drawee. Section 7 of the Negotiable Instruments Act, following the English law, provides that the drawee becomes an ... Court is based, that the drawee of a negotiable instrument is not liable on it to the payee, unless he has accepted it. On the provisions of the Negotiable Instruments Act, no other conclusion is possible. Chapter III of that Act defines the obligations of parties to negotiable instruments. Section 32 provides that, 'In the absence of ... and, therefore, the person who is entitled to receive the payment under section 78 of the Act is the person, who is entitled to present it for acceptance. Under section 78, the payment must be to the holder of the instrument; and if Vrajlal had no authority to receive the amount on ... to the holder on demand.' 6. Under this section, the liability of the drawee arises only when he accepts the bill. There is no provision in the Act that the drawee is as such liable on the instrument, the only exception being under section 31 in the case of a drawee of ... to fasten a liability on the defendants on the hundi. What is requisite for fixing the drawees with liability under section 32 is the acceptance by them of the instrument and not an acknowledgment of liability. As the law prescribes no particular form for acceptance, there should be no ...

Sep 16 2003

The Assistant Commissioner, Assessment-II, Bangalore and Ors. Vs. Vell ...

  • Decided on : 16-Sep-2003

Court : Supreme Court of India

Reported in : AIR2004SC86; (2004)1CompLJ21(SC); 2004CriLJ1221; (2003)184CTR(SC)193; 2003(157)ELT369(SC); [2003]263ITR550(SC); JT2003(Suppl2)SC99; 2003(7)SCALE530; (2003)11SCC405; [2003]4

... be made to Section 35H Wealth Tax Act, Section 14A Employees Provident Fund and Miscellaneous Provisions Act, Section 141 Negotiable Instruments Act, Section 34 Drugs and Cosmetics Act, Section 10 Essential Commodities Act, Section 6 Indian Merchandise Act, Section 38 Narcotic Drugs and Psychotropic Substances Act and Section 17 Prevention of Food Adulteration Act. Section 276C of the Act uses the word 'willfully' and Section 277 uses the ... Section 277 contains a similar provision and makes false verification an offence which is punishable with sentence and fine. Section 2(31) of the Act defines a 'person' and it includes a company and this provision is exactly similar to Section 3(42) General Clauses Act. Section 278B of the Act is important and it reads as under :'278B. (1) Where an offence under this Act ... Sections 276C, 277 and 278 read with Section 278B of the Income Tax Act (hereinafter referred to as 'the Act'). The respondents challenged the prosecution by a petition under Section 482 of the Criminal Procedure Code and urged the following grounds in support:(1) That the sanction of the Commissioner of Income Tax granted under Section 279 of the Act ... the offence except with the previous sanction of the competent authority provided in the Statute like Section 197 Code of Criminal Procedure, Section 19 Prevention of Corruption Act or Section 20 Prevention of Food Adulteration Act. The basic idea behind such provision is to save persons from frivolous or malicious prosecutions ...

May 15 2009

Suraj Lamp and Industries (P) Ltd. thru. DIR Vs. State of Haryana and ...

  • Decided on : 15-May-2009

Court : Supreme Court of India

Reported in : AIR2009SC3077; 2009(6)MhLJ11(SC); 2009(9)SCALE36; (2009)7SCC363

... lakhs towards part payment and agreed to pay the balance of Rs. 50 lakhs shortly but that the said cheque was dishonoured necessitating a complaint under Section 138 of the Negotiable Instrument Act, being filed against Dharamvir Yadav which is pending in a criminal court at Patiala House, New Delhi. It is further alleged that in the year ... Section 17 of the Registration Act clearly provides that any document (other than testamentary instruments) which purports or operates to create, declare, assign, limit or extinguish whether in present or in future 'any right, title or interest' whether vested or contingent of the value of Rs. 100 and upwards to or in immovable property.Section 49 of the said Act provides that no document required by Section 17 ... Act, 1908, was enacted with the intention of providing orderliness, discipline and public notice in regard to transactions relating to immovable property and protection from fraud and forgery of documents of transfer. This is achieved by requiring compulsory registration of certain types of documents and providing for consequences of non-registration. Section 17 of the Registration Act ... initiated action against the police for giving false and misleading information under Section 20 of the RTI Act. Petitioner therefore filed a writ petition challenging the order of the Chief Information Commissioner and seeking initiation of proceedings under Section 20 of the RTI Act and imposition of penalty. The said writ petition was disposed of by ...

Sep 17 2001

Punjab and Sindh Bank Vs. Vinkar Sahakari Bank Ltd. and ors.

  • Decided on : 17-Sep-2001

Court : Supreme Court of India

Reported in : 2001VIIAD(SC)537; AIR2001SC3641; 2001(4)ALLMR(SC)474; 2002(1)ALT(Cri)55; [2001]107CompCas208(SC); (2001)4CompLJ188(SC); 2002CriLJ93; JT2001(8)SC22; 2001MPLJ580(SC); RLW2001

... The holder thereof (Punjab and Sindh Bank) filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). The drawer bank and its officials have been arraigned as accused in the complaint. But a single Judge of the High Court of Bombay quashed the complaint mainly on the premise that the instrument (described as the 'pay order') is not a cheque. ... observation was made in the wake of the contention that the collecting bank could claim protection under Section 131 of the Act. The said decision of the Bombay High Court cannot hold good because the Negotiable Instruments Act was amended by incorporating Section 131A in the said Act.17.That apart, learned single Judge while relying on the decisions of the House of Lords in Capital ... law and then made the following observations:'However that might be, there is no denying that a demand draft is nothing more or less than a negotiable instrument governed by the provisions of the Negotiable Instruments Act; and on the face of it, the obligations it creates are nothing more than ordinary debts.'16.We are of the opinion that the High Courts ... due course.' It is evident that the section renders such draft a negotiable instrument.10.Section 131A, which was introduced in the statute by Act 33 of 1947, makes all the provisions for crossing of cheques applicable to the drafts also. That section says: 'The provisions of this Chapter shall apply to any draft, as defined in section 85A, as if the draft were a ...

May 08 2008

Aneeta Hada Vs. Godfather Travels and Tours Pvt. Ltd.

  • Decided on : 08-May-2008

Court : Supreme Court of India

Reported in : 2008(3)ALLMR(SC)881; 2008(3)CTC840; 2008(8)SCALE25; [2008]85SCL56(SC)

... respondent company had business transactions. Appellant on behalf of the company issued a cheque dated 17.1.2001 for a sum of Rs.5,10,000/- in favour of respondent which was dishonoured. Respondent filed a complaint petition against the appellant under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short). The Company which is a juristic person was not arrayed as an ... filed a complaint petition against the appellant under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short). The Company which is a juristic person was not arrayed as an accused. The learned Magistrate took cognizance of the offence against her. Respondent had not even served any notice upon the Company in terms of Section 138 of the Act. It served a notice only on ... it is held that "as per Section 138 of the Act the drawer of a dishonoured cheque only is liable for punishment". He also cited K. Seetharam Reddy v. K. Radhika Rani, (2002) 112 Comp Cas 204 (AP) in support of his arguments. It is held in the said decision that "Section 138 of the Negotiable Instruments Act, 1881, leaves no doubt that the person ... Section 138 of the Negotiable Instruments Act, 1881, leaves no doubt that the person who has drawn the cheque on his account is alone liable in the event the cheque drawn by him is dishonoured". In the light of the above dictum also, I find that neither first accused- society nor petitioner, as secretary of the society can be proceeded against for offence under Section ...

Feb 23 2000

Kusum Ingots & Alloys Ltd., etc. Vs. Pennar Peterson Securities Ltd. a ...

  • Decided on : 23-Feb-2000

Court : Supreme Court of India

Reported in : AIR2000SC954; 2000CriLJ1464; 84(2000)DLT229(SC); [2000(85)FLR122]; JT2000(2)SC390; (2000)ILLJ1649SC; 2000(2)SCALE80; (2000)2SCC745

... under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the NI Act') after the company has been declared sick under the provisions of The Sick Industrial Companies (Special Provisions) Act, 1985 (for short 'SICA') before the expiry of the period for payment of the cheque amount. The answer to the question depends on interpretation of Section 138 of the NI Act ... committed an offence under Section 138 NI Act. A bare reading of the Section 22 of the SICA makes the position clear that during pendency of an inquiry under Section 16 or during the preparation of a scheme referred to under Section 17 or during implementation of a sanctioned scheme or pendency of an appeal under Section 25, no proceedings for ... that Chapter XVII of the NI Act (sic) the aforementioned sections are included was inserted in the Act w.e.f. 1.4.1989 by Act 66 of 1988. The object of bringing Section 138 on statute is to inculcate faith in the efficacy of banking operations and credibility a transacting business on negotiable instruments. (See : Electronics Trade A Technology Development ... Act w.e.f. 1.4.1989 by Act 66 of 1988. The object of bringing Section 138 on statute is to inculcate faith in the efficacy of banking operations and credibility a transacting business on negotiable instruments. (See : Electronics Trade A Technology Development Corporation Ltd., Secunderabad v. Indian Technologist & Engineers (Electronics) P. Ltd. and Anr. : 1996CriLJ1692 .9. Coming to the provisions of SICA Sections ...

Jul 11 2001

Hiten P. Dalal Vs. Bratindranath Banerjee

  • Decided on : 11-Jul-2001

Court : Supreme Court of India

Reported in : AIR2001SC3897; 2001(2)ALD(Cri)234; 2001ALLMR(Cri)1497(SC); II(2001)BC773(SC); 2001(49)BLJR1955; [2001]106CompCas574(SC); (2001)3CompLJ313(SC); 2001CriLJ4647; 2001(3)Crimes2; (2001)6SCC16

... , J.1. The appellant was found guilty of an offence under Section 138 of the Negotiable Instruments Act, 1881 by the Special Court set up under the Special Court (Trial of Offences relating to Transactions in Securities) Act, 1992 (referred to as, the 'Act'). The appellant was sentenced to rigorous imprisonment for a term of one year and a fine for a sum of ... on the Andhra Bank in favour of the Standard Chartered Bank (briefly referred to as 'the Bank') for the sums of Rs.27 Crores, Rs.14.5 Crores, Rs.17 Crores, and Rs.19,95,75,000/- respectively. According to the Bank the cheques were issued for payment of loss suffered by the Bank arising out of transactions in ... preliminary stages of the Trial before the Special Court except to note the charges were framed on 26th August 1992 by the Special Court against the appellant under Section 138 of the Negotiable Instruments Act, 1881.20. That the four cheques were executed by the appellant in favour of the Standard Chartered Bank (hereafter referred to as the Bank), has not been denied ... case, namely, under Section 118 138 and 139 of the Negotiable Instruments Act. Section 118 provides, inter-alia, that until the contrary is proved it shall be presumed 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. The presumption which arises under Section 138 provides ...

May 02 2001

M.N. Damani Vs. S.K. Sinha and Ors.

  • Decided on : 02-May-2001

Court : Supreme Court of India

Reported in : AIR2001SC2037; 2001(1)ALD(Cri)858; 2001ALLMR(Cri)1488(SC); 2001(2)ALT(Cri)63; 2001CriLJ2571; 2001(2)Crimes271(SC); JT2001(Suppl1)SC375; 2001(3)SCALE654; (2001)5SCC156; [200

... locked by our Accountant while leaving the office for the day.'3. The Magistrate found these allegations as false and convicted the respondents (accrued) for the offence under Section 138 of the Negotiable Instruments Act on 17.12.1998. An appeal filed against the said order was dismissed by the IV Additional Sessions Court, Bangalore on 30.7.1999. According to the appellant the respondents ... the case after a trial. The Magistrate had convicted the respondents for the offences under Sections 138 of the Negotiable Instruments Act and the appeal filed by the respondents was also dismissed by the learned Sessions Judge. Assuming that the imputations made could be covered by exception 9 of Section 499 IPC, several questions still remain to be examined -whether such imputations were made in ... facts of that case and the discussions made in paras 6 and 8 of the said judgment. In that case the complaint was filed for offences punishable under Sections 406 and 407 read with Sections 34 and 120-B of the Penal Code. That was a case where the property was trust property and one of the trustees was member of ... relying g on para 7 of the judgment in Madhavrao Jiwaji Rao Scindia and another vs. Sambhajirao Chandrojicao Angre and other. : 1988CriLJ853 : 1988CriLJ853 exercising jurisdiction under Section 482 quashed the proceedings. The learned judge Section 482 quashed the proceedings. The learned Judge did not bestow his attention to the facts of that case and the discussions made in paras 6 and ...

Dec 17 2008

Avinash Kumar Chauhan Vs. Vijay Krishna Mishra

  • Decided on : 17-Dec-2008

Court : Supreme Court of India

Reported in : 2009(2)ALT19(SC); 2009(2)AWC1272(SC); 2009(6)BomCR334; (2009)2GLR1202(SC); JT2009(1)SC656; 2009(4)MhLJ349(SC); 2009(3)MPHT6(SC); 2009(1)SCALE80; (2009)2SCC532; 2009AIRSCW979; 2008(17)SCR944; 2009(1)LHSC360; 2009(3)KCCRSN91

... of Section 35 of the Indian Stamp Act we cannot bring in the effect of non-registration of a document under Section 49 of the Indian Registration Act. Section 17 of the Indian Registration Act deals with documents, the registration of which is compulsory and Section 49 is concerned only with the effect of such non-registration of the documents which require to be registered by Section 17 ... note drawn or made out of India on or after that day and accepted or paid, or resented for acceptance or payment, or endorsed, transferred or otherwise negotiated, in India; and(c) every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which, not having been previously executed by any person, is executed out of ... registration of a document under Section 49 of the Indian Registration Act. Section 17 of the Indian Registration Act deals with documents, the registration of which is compulsory and Section 49 is concerned only with the effect of such non-registration of the documents which require to be registered by Section 17 or by any provision of the Transfer of Property Act. The effect of non- ... Prajapati and Ors. : AIR2004SC3782 ]20. The Registration Act, 1908 provides for such a contingency in terms of the proviso appended to Section 49 thereof, which reads as under:49. Effect of non-registration of documents required to be registered.-No document required by Section 17 or by any provision of the Transfer of Property Act, 1882 (4 of 1882), to be registered ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //