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Search Results Judgments > Act:NEGOTIABLE INSTRUMENTS ACT 1881 Section 3

Sep 24 2008

Upendra Kumar S/o Choyi Chettiar Vs. Don Finance Corporation, A Regist ...

  • Decided on : 24-Sep-2008

Court : Karnataka

Reported in : AIR2009Kant184; 2009CriLJ1901; ILR2009KAR439; 2009(3)KarLJ584:2009(1)KCCR426

... ' as found in Section 3 of the Negotiable Instruments Act. The word 'Banker' is defined as under:Section 3: Banker - banker includes any person acting as a banker and any post office savings bank.Thus, the scope of 'Banker' under the Negotiable Instruments Act is so wide and enhanced that it includes any person acting as a banker. ... Negotiable Instruments Act to define the word 'Banker' as any person regulated by Banking Regulation Act. On the other hand, legislature in its wisdom has enhanced the scope of the term 'banker' under Negotiable Instruments Act. The scope of terra 'banker' under Negotiable Instruments Act is beyond the meaning included in the Banking Regulations Act, 1949. While defining the word 'Banker', the language employed in the Section ... Negotiable Instruments Act. The scope of terra 'banker' under Negotiable Instruments Act is beyond the meaning included in the Banking Regulations Act, 1949. While defining the word 'Banker', the language employed in the Section is 'includes' which is meant to ensure that not only bank, banker, or banking institutions incorporated by the Act of Parliament or under the Banking Regulation Act ... , two witnesses are examined, including the accused and two documents were got marked.3. As aforementioned, both the Courts below have concurrently held against the accused and convicted for the offence under Section 138 of Negotiable Instruments Act. Questioning both the Judgments and Orders, the petitioner has filed this revision petition. ...

Feb 24 2005

Clicquot Asia Limited Vs. Red Robin International Ltd.

  • Decided on : 24-Feb-2005

Court : Mumbai

Reported in : 2005(3)BomCR61; [2005]126CompCas51(Bom); (2005)5CompLJ201(Bom); [2005]61SCL240(Bom)

... Section 78 of the Negotiable Instruments Act does not prescribe any other person except the holder of promissory note or bill of exchange to maintain a suit. It has been held that what section 78 really appears is that a payment in order to act as a full discharge of the instrument, must be made to the holder or as provided under section 82(c) of the Negotiable Instruments Act ... in fact obtained possession much before the suit was heard. Under section 3 of the Negotiable Instruments Act the holder of a bill of exchange means any person entitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto. The section goes on to say that where the bill is lost or destroyed, ... instrument, must be made to the holder or as provided under section 82(c) of the Negotiable Instruments Act and it does not deal with the right to bring a suit. In my opinion, even the said judgment has no relevance for the simple reason because in the present case I am not considering whether there is any prohibition contained under section 78 of the Negotiable Instrument Act ... there is valid statutory notice under section 434 of the Companies Act, 1956 for the purpose of maintaining the present company petition and I have already dealt with the said issue accordingly. 17. On the second point of law, the learned counsel for the petitioner has relied upon the provisions of section 32 of the Negotiable Instrument Act which inter alia provides for liability ...

Feb 21 1967

Kadorilal and Anr. Vs. Sukhlal Sajan Singh

  • Decided on : 21-Feb-1967

Court : Madhya Pradesh

Reported in : AIR1968MP4

... Negotiable Instruments Act will not have the effect of amending the definition of a 'promissory note' so far as the Stamp Act is concerned. An instrument, which does not satisfy the requirement of negotiability on the face of it as required under Section 4 of the Negotiable Instruments Act may still become negotiable by reason of Section 13 read with explanation I so far as the Negotiable Instruments Act ... it could be validated on payment of penalty, and that the trial Court was wrong in holding the document Inadmissible. Hence this revision. 3. The document in question is on a printed form and reads thus: xzkehljh uksVge lq[kyky oYn lqtku flag dkSe nkxh lkfduflEjkgja ... Act is concerned. An instrument, which does not satisfy the requirement of negotiability on the face of it as required under Section 4 of the Negotiable Instruments Act may still become negotiable by reason of Section 13 read with explanation I so far as the Negotiable Instruments Act is concerned; but for that reason the instrument cannot be treated as a promissory note under the Stamp Act ... Negotiable Instruments Act in Section 4, that definition is borrowed from the Negotiable Instruments Act and is incoro-porated by reference in the Stamp Act. This being the position, any subsequent amendment made in the Negotiable Instruments Act will not have the effect of amending the definition of a 'promissory note' so far as the Stamp Act is concerned. An instrument, which does not satisfy the requirement of negotiability ...

Sep 01 2011

WHITE METALS P. LTD. & ORS. Vs. KANIKA METALS P. LTD.

  • Decided on : 01-Sep-2011

Court : Delhi

... Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 and Section 420 of Indian Penal Code, 1860, against the respondent Company and its Directors. (iv) The respondent/complainant in order to wriggle out from its aforesaid liability filed a complaint case bearing No.145/1 of 2003 against the petitioners to pressurise them and further to withdraw the complaint under Section 138 of the Negotiable Instruments Act ... Upon receiving the aforesaid complaint along with an accompanying application under Section 156(3) of Cr.P.C., the learned Metropolitan Magistrate vide order dated 16.08.2003, issued notice to SHO to investigate the case. 3. In pursuance of the above-stated orders of the learned ... Section 138 of the Negotiable Instruments Act. (v) Pursuant to the order dated 16.08.2003 passed by the learned Metropolitan Magistrate, the SHO of Police Station Nabi Karim conducted the investigation under Section 156 (2) Cr.P.C. and file the report stating that the Petitioner No.2/Accused No.2 has initiated the proceedings under Section 138 of the Negotiable Instruments Act ... Negotiable Instruments Act and, therefore, the aforesaid complaint is an afterthought besides being wreck with vengeance and malafide, which is evident from the order dated 30.07.2009 of this Court wherein, the statement of ld. counsel for the respondent was recorded that the said case set up by the respondent/complainant in his complaint is his defence under Section 138 of the Negotiable Instruments Act ...

Aug 14 2003

Yudhvir Singh Vs. Nagmani Financial Services (P) Ltd. and Ors.

  • Decided on : 14-Aug-2003

Court : Delhi

Reported in : 2003VIIIAD(Delhi)491; I(2004)BC342; 108(2003)DLT142; 2003(71)DRJ534

... dated 13.8.2001 passed by the court of Metropolitan Magistrate dismissing petitioner's complaint under Section 138 of Negotiable Instruments Act in default, for non-appearance of the complainant and declining to restore the same. 2. Facts in brief are that appellant filed a complaint under Section 138 of Negotiable Instruments Act against respondents. The respondents were summoned. On 13.8.2001, the complaint was dismissed ... following classes of cases shall ordinarily be heard and disposed of by a Judge sitting alone:- (i) to (xviii) xxxxxxxx (xix) (a) xxxxxxxx (aa) an application by the complainant under section 417(3) (378 of Cr.P.C. 1973) of the Code, for the grant of special leave to appeal from an order of acquittal; (b) to (e) xxxxxxxxx Explanationn.- Preliminary ... .K. Agarwal, J. 1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') is directed against the judgment and order dated 13.8.2001 passed by the court of Metropolitan Magistrate dismissing petitioner's complaint under Section 138 of Negotiable Instruments Act in default, for non-appearance of the complainant and declining to restore the ... . Thus, the dismissal of the complaint would be under Section 256, Cr.P.C., thereforee, only a petition for Special Leave to Appeal under Section 378(4) Cr.P.C. would be maintainable, as held by the Apex Court in Meera Sripat Admane v. Chief Officer, Sangamner Municipal Council & Ors. 2001 (3) Cri 156 , and by this Court in Mata Din & ...

Mar 26 2002

M.V. Prasad Vs. Sri Durga Engineers, rep. By its sole Proprietor, Sri ...

  • Decided on : 26-Mar-2002

Court : Andhra Pradesh

Reported in : 2002(3)ALD56; 2002(3)ALT435

... a criminal case is launched by the plaintiff under Section 138, Negotiable Instruments Act and the said criminal case is said to be pending in the Criminal Court. In the present revision petition this court is not concerned about the pendency of the criminal case under Section 138, Negotiable Instruments Act. It is the contention of the learned counsel ... court passed the impugned order on 20.10.2001 dismissing the petition filed by the revision petitioner. Aggrieved by that order, this revision petition is filed. 3. The Supreme Court of India in MECHALEC ENGINEERS & MANUFACTURERS v. BASIC EQUIPMENT CORPORATION(1), approved the principles applicable to the cases covered by Order XXXVII ... court on an application filed under sub-rule (5) of Rule 3 of Order 37 C.P.C., such an order shall not be interfered with unless and until the circumstances warrant interference under the order on an application filed under Section 115 C.P.C., by the High Court, where in ... order is confirmed by this court, it will result in miscarriage of justice and it is a fit case in which in a revision under Section 115 C.P.C., this court has to interfere and set aside the order in question. 10. The learned counsel for the respondent further contended ... this court has to decide whether the impugned order is to be affirmed or set aside. A reading of the proviso to Order XXXVII Rule 3(5) C.P.C., makes it clear that leave to defend cannot be refused ifthe court is satisfied that the facts disclosed by thedefendant do ...

Jan 13 1995

N. Doraisamy and another etc. Vs. M/s. Archana Enterprises and etc.

  • Decided on : 13-Jan-1995

Court : Chennai

Reported in : 1995CriLJ2306

... the facts of each case, in as much as, what is challenged is the alleged commission of offence by certain Companies, under Section 138 of the Nagotiable Instruments Act, 1881 (Act No. XXVI of 1881 as subsequently amended for short 'NI Act') for dishonour of cheques on account of either of the two contingencies or eventualities, as contemplated therein, viz., insufficiency of the ... under Section 188 of NI Act, figuring in Chapter XVII, a Special Law, willhere inafter be seen, in the light of the provisions relatable to the procedural and other aspects contained in the said Chapter. 21. Before the re-introduction of Chapter XVII of NI Act, by Section 4 of the Banking Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 (Act 66 ... the Managing Director and Production Manager of a Company for an offence under the Essential Commodities Act, 1955 (for short 'EC Act') was maintainable without making the company an accused. Section 10(1) of EC Act says, 'If the person contravening an order made under Section 3 thereof is a company, every person who, at the time the contravention was committed, ... and Negotiable Instruments Laws (Amendment) Act, 1988 (Act 66 of 1988), under a now nomenclature for the Chapter 'Of penalties in case of dishonour of certain cheques for insufficiency of funds in the accounts,' dishonour of a cheque was not at all a penal offence. The objects and reasons for the introduction of such a Chapter, are manifold. 22. Negotiable Instruments ...

Aug 05 1980

Interads Advertising P. Ltd. Vs. Bentrex and Co. and others

  • Decided on : 05-Aug-1980

Court : Delhi

Reported in : [1983]53CompCas646(Delhi); ILR1981Delhi681

... the same. Though s. 5 of the Negotiable Instruments Act requires the signatures to be made by the maker it does not require him to sign it by his own hand and an agent with authority may introduce the name of the maker to authenticate the instrument as that of the maker and such ... This legal proposition manifestly flows from s. 27 of the said Act. The first clause of the section simply enunciates the general rule of law that a person, who has the capacity as principal to do an act, may have the same act performed by an attorney or his authority and the delegated ... furnishing of weight and quality certificate from independent surveyors, and (ii) the cloves to be of first grade and first quality of Sri Lanka/Indonesia/African country. 3. The credit was subject to the Uniform Customers and Practice for Commercial Documentary Credits (1974 revision brochure No. 290) issued by the International Chamber of ... called in question the negotiability of the bill of exchange drawn by the seller beneficiary, his precise contention being that it does not purport to have been signed by the drawer of the bill and it has been signed by one Kalawati. Alluding to s. 5 of the Negotiable Instruments Act, he has ... authenticate the instrument as that of the maker and such introduction of the name is sufficient signature. in other words, an agent can sign a bill of exchange on behalf of the principal. This legal proposition manifestly flows from s. 27 of the said Act. The first clause of the section simply ...

Dec 19 2002

Siddhivinayak Sewa Mandal and Ors. Vs. Smt. Shoba Sant and Ors.

  • Decided on : 19-Dec-2002

Court : Mumbai

Reported in : 2003(2)ALD(Cri)25; II(2003)BC567; 2003BomCR(Cri)550; 2003(2)MhLj311

... Section 138 of the Negotiable Instruments Act. In the concluding para, it is observed thus :'While retaining the sentence of imprisonment of six months, we delete the fine portion from the sentence and direct the appellant to pay compensation of Rs. 83,000/- to the respondent-complainant'.7. In view of the above, it is clear that no limit is mentioned in Subsection (3) of Section ... Section 138 of Negotiable Instruments Act. All the petitioners came to be convicted by judgment and order dated 15th January 2002 passed by the learned Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai. By the said order, the petitioners were directed to pay a fine of Rs. 5000/- in default to suffer S. I. for one month. The petitioner Nos. 2 and 3 ... All MR 1845 in case of K. Bhaskaran v. Sankaran Vaidhyan Balan and Anr. The said case was also under sections 138 and 142 of Negotiable Instruments Act. The power of the Magistrate in relation to awarding fine and compensation is discussed in paras 30 and 31 ... Rs. 5,000/-. As far as compensation by itself in the absence of fine is concerned as envisaged by Sub-section (3) to Section 357, Criminal ProcedureCode, there is no upper limit imposed on the Magistrate. Thus, the Magistrate can impose any amount of ... cannot be separately imposed on an accused person. In support of his contention, he has placed reliance on Sub-sections (1)(b) and (3) of Section 357 of Criminal Procedure Code. He has also placed reliance on the decision of the Apex Court reported in : ...

Feb 15 2005

A.C. Chummar Vs. R. Vasantha Kumari, represented by Power of Attorney, ...

  • Decided on : 15-Feb-2005

Court : Chennai

Reported in : III(2005)BC89; 2005(1)CTC739

... under Sections 138 and 142 of the Negotiable Instruments Act on the complaint preferred by the respondent herein. The petitioner has narrated the various facts and circumstances under which' he has issued the cheque and reasons for approaching this Court seeking transfer. I do not propose to dwell upon all such allegations except the brief facts, which are germane to decide the issue involved.3 ... an order under Section 156(3) of Cr.P.C. It is not necessary for the learned Magistrate to take cognizance of offence only after the report is received from the police. In this connection, it is useful to refer a decision of the Apex Court in Madhu Bala v. Shresh Kumar and Ors., , which empowers the learned Magistrate to act on the ... shown that public confidence in the fairness of a trial would be seriously undermined, any party can seek the transfer of a case within the State under Section 407 and anywhere in the country under Section 406 Cr.P.C. The apprehension of not getting a fair and impartial inquiry or trial is required to be reasonable and not imaginary, based upon ... ORDERN. Kannadasan, J.1. The above petition is filed under Section 407 of Cr.P.C. to withdraw and transfer a case in C.C. No. 817 of 2004 on the file of the learned Judicial Magistrate No. 1, Karur to ...

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