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

Oct 30 1992

K. Mahadevan Vs. Y. Venkatesh and Anr.

  • Decided on : 30-Oct-1992

Court : Andhra Pradesh

Reported in : [1994]79CompCas202(AP); 1993CriLJ2659

... section 142 of the Negotiable Instruments Act cognizance should have been taken on the private complaint filed by the petitioner itself but the private complaint filed by the petitioner should not have been forwarded to the police under section 156(3) of the Code of Criminal Procedure for investigation and that the procedure adopted by the trial court is illegal. 4. Under section 142 of the Negotiable Instruments Act, 1881 ... the petitioner should not have been forwarded to the police under section 156(3) of the Code of Criminal Procedure for investigation and that the procedure adopted by the trial court is illegal. 4. Under section 142 of the Negotiable Instruments Act, 1881, no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by ... , dated May 3, 1991, passed in C.C. No. 353 of 1990, on his file, acquitting respondent No. 1 herein (accused) of the offence under section 138 of the Negotiable Instruments Act, 1881. 2. The gravamen of the charge against the accused is that the accused gave two cheques dated June 25, 1989, and July 20, 1989, for Rs. 3,600 and Rs ... illegal. 4. Under section 142 of the Negotiable Instruments Act, 1881, no court shall take cognizance 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 contemplates the filing of a private complaint only. This section does not ...

Nov 30 1999

Shanku Concretes Pvt. Ltd. Vs. State of Gujarat

  • Decided on : 30-Nov-1999

Court : Gujarat

Reported in : 2000CriLJ1988; (2000)2GLR753

... Sec. 482 of the Criminal Procedure Code to quash a criminal complaint. The extent of criminal liability, which arises under Section 138 of the Negotiable Instruments Act, 1881, is the real controversy, which is the crux of the matter, requires to be adjudicated. The transactions which are other wise exclusively commercial and subject to civil jurisdiction, now by enacting Section 138 of the Negotiable Instruments Act ... Section 138 of the Negotiable Instruments Act. The present petitioners No. 2 and 3, at the relevant time, were not in-charge of the company and, therefore, they cannot be made accused in the given criminal case under Section 138 of the Negotiable Instruments Act. It was urged that the provision of Section 141 of the Negotiable Instruments Act were ignored by the learned Magistrate while issuing notices against petitioners No. 2 and 3 ... section 141(1), the person in-charge of company only be made answerable under Section 138 of the Negotiable Instruments Act. The present petitioners No. 2 and 3, at the relevant time, were not in-charge of the company and, therefore, they cannot be made accused in the given criminal case under Section 138 of the Negotiable Instruments Act. It was urged that the provision of Section 141 of the Negotiable Instruments Act ...

Feb 26 2009

Recon Agrotech Limited rep. by its Customer Service Manager, Mr. Gudap ...

  • Decided on : 26-Feb-2009

Court : Andhra Pradesh

Reported in : 2009CriLJ2497

... the offence under Section 138 of Negotiable Instruments Act.2. The appellant company filed a complaint under Section 138 of Negotiable Instruments Act against the first respondent/A-1 firm, Chintala Siva Krishna Prasad (A-2), the Managing Partner representing the firm, A-3 and A-4, the respondents 2 to 4 herein who are the partners of the firm under Section 138 of Negotiable Instruments Act. At the ... prosecuted for contravening the provisions of Sections 3 and 7 of Essential Commodities Act. Interpreting Section 1 of the Essential Commodities Act, which is identical to Section 141 of the Negotiable Instruments Act, the Supreme Court explained the legal position in the following terms.'The section appears to our mind is plain enough. If the contravention of the order made under Section 3 is by a Company, the ... accused Nos. 1, 3, 4 and 5 i.e., the respondents 1 to 4 herein were acquitted of the offence under Section 138 of Negotiable Instruments Act.2. The appellant company filed a complaint under Section 138 of Negotiable Instruments Act against the first respondent/A-1 firm, Chintala Siva Krishna Prasad (A-2), the Managing Partner representing the firm, A-3 and A-4, ... A-3 and A-4, the respondents 2 to 4 herein who are the partners of the firm under Section 138 of Negotiable Instruments Act. At the conclusion of the trial, the learned Magistrate convicted A-2, the Managing partner of the accused firm alone and acquitted A-1 firm and all the remaining partners who were figured as A-3 ...

Dec 01 2011

Navneetdas Narayandas Barshikar Vs. Bacchubhai Mulji Tanna And Anr.

  • Decided on : 01-Dec-2011

Court : Mumbai - Aurangabad

... 3-3-1998, but still the accused failed to make payment of the said cheque amount to the complainant, and hence, it is alleged that the accused deceived the complainant deliberately and intentionally, and also committed offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Hence, the complainant filed complaint on 25-3-1998, against the accused under Section 138 of the Negotiable Instruments Act ... dated 16th August 2000, rendered by the learned Judicial Magistrate (F.C.), Court No.3, Ahmednagar, in Summary Criminal Case No. 1093/1998, thereby acquitting the respondent (original accused) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 3. Parties are hereinafter referred to as per their original status i.e. complainant and ... by the accused to the complainant towards discharge of legally enforceable debt / liability, and therefore, acquitted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, by the impugned judgment and order dated 16th August 2000. Being aggrieved and dissatisfied by the said judgment and order of acquittal, the appellant ... and analyzing the evidence on record, the view adopted by the learned trial court, while acquitting the accused, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, is a possible view and same does not appear to be perverse. Moreover, reasoning given by the learned trial court, for acquittal of the ...

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. ...

Jun 01 1955

Brahma Shum Shere Jung Bahadur and Anr. Vs. Chartered Bank of India, A ...

  • Decided on : 01-Jun-1955

Court : Kolkata

Reported in : AIR1956Cal399

... 3 is entitled to the protection afforded by Section 131, Negotiable Instruments Act.90. Mr. N.N. Bose has placed reliance on the case of (1879) 5 CPD 7 (15-17) (S), and has submitted that in view of the construction put by Lindley J. on Section 12, Crossed Cheques Act, 1876 (39 & 40 Vict. Ch. 81) which is similar in language to Section 131, Negotiable Instruments Act, defendant 3 ... Section 131, Negotiable Instruments'Act (1946) Bom 482 (483-484) (AIR V 33) (U)(paras 2, 3, 4 and 5) of the judgment. (See also-- 'Importers Co. Ltd. v. Westminister Bank, Ltd.'(1927) 2 KB 297 (306) (V).86. It has been held that the negligence) contemplated in Section 82, Bills of Exchange Act 1882 (which is practically similar to S, 131, Indian Negotiable Instruments Act) ... .45. Issues Nos. 2, 3(a), (b), (c), 4 (a) and (b): Section 85(1), Negotiable Instruments Act provides that:'Where a cheque payable to order purports to be endorsed by or on behalf of the payee, the drawee is discharged by payment in due course.'46. The expression 'payment in due course' is defined in Section 10, Negotiable Instruments Act as follows:'Payment in ... acting negligently and hence defendant 3 is entitled to the protection afforded by Section 131, Negotiable Instruments Act.90. Mr. N.N. Bose has placed reliance on the case of (1879) 5 CPD 7 (15-17) (S), and has submitted that in view of the construction put by Lindley J. on Section 12, Crossed Cheques Act, 1876 (39 & 40 Vict. Ch. 81) which is similar in language to Section ...

Mar 28 2014

Vikram Garg Vs. Sunny Garg

  • Decided on : 28-Mar-2014

Court : Punjab and Haryana

... The petitioner seeks quashing of the summoning order dated 31.3.2009 (Annexure P-2) passed in Criminal Complaint No.42-A dated 31.3.2009 (Annexure P-1).vide which Sub Divisional Judicial Magistrate, Derabassi summoned the petitioner to face trial for offence punishable under Section 138 Negotiable Instruments Act, 1881. The complaint was filed by the respondent impleading the petitioner ... face trial for offence punishable under Section 138 Negotiable Instruments Act, 1881. The complaint was filed by the respondent impleading the petitioner as partner of firm M/s Cross Country Infrastructure & DevelopeRs.As per the allegations in the complaint, the complainant had approached the petitioner, Manav Kumar and Pawan Kumar (arrayed as accused No.2 and 3 in the complaint) for ... quashing of the complaint, the only fact to be seen is as to whether a prima facie case for summoning of the petitioner for offence punishable under Section 138 Negotiable Instruments Act, 1881 was made out. As to whether the partnership was ever dissolved; the bank account was closed; the signatures of the petitioner were taken on the blank cheque; ... of Section 202 Cr.P.C.The complaint is clear abuse of process of law. The ingredients of Section 138 Negotiable Instruments Act are not disclosed in this case. I have heard learned counsel for the parties. The petitioner has been summoned by the trial court vide order dated 31.3.2009 to face trial for offence punishable under Section 138 Negotiable Instruments Act. ...

Aug 23 2013

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

  • Decided on : 23-Aug-2013

Court : Mumbai

... recorded against writ petitioner is confirmed. If the 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 ... 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, ... . 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 ?? ... 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 ...

Aug 10 2007

T.R. Gupta and Anr. Vs. Vascon

  • Decided on : 10-Aug-2007

Court : Guwahati

... 1 and 2/two revisionists for the alleged commission of the said offence under Section 138 of the Negotiable Instruments Act, 1881 is liable to be interfered with and quashed or not.7. The objects and the reasons clause of the bill, which introduced Chapter XVII of the Negotiable Instruments Act, 1881 show that the new chapter was incorporated specifically to 'enhance the acceptability ... the revisionists and Mr. K.L. John, learned Counsel appearing on behalf of the respondents in both the cases.3. The revisionists are challenging the legality and the propriety of taking cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 as against them by the Judicial Magistrate First Class, Dimapur in two complaint cases being C.R. Case ... respondent in these two revision-petitions, as against the two revisionists and two others praying for proceedings as against them for commission of the said offence under Section 138 of Negotiable Instruments Act, 1881 in connection with alleged dishonouring of cheques bearing No. 927391 dated 25-1-2007, No. 927393 dated 31-1-2007 and No. 927392 dated 17-1-2007 ... of the said offence under Section 138 of the Negotiable Instruments Act and also for punishing the accused persons after due process.5. As per records, in respect of complaint being C.R. Case No. 4/07, the learned Judicial Magistrate took cognizance of the said offence under Section 138 of the Negotiable Instruments Act on 27-3-2007 in connection with dishonouring ...

Jul 29 2005

Polisetty Seetharamanjaneyulu and Ors. Vs. Public Prosecutor, High Cou ...

  • Decided on : 29-Jul-2005

Court : Andhra Pradesh

Reported in : 2005(2)ALD(Cri)537; 2005CriLJ4297

... of First Class, Ongole in C.C. No. 76 of 2001 for an offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate convicted A-l company and A-2 and A-3, its partners, for the offence under Section 138 of the Negotiable Instruments Act and sentenced A-2 and A-3 to simple imprisonment for six months each and directed to pay compensation of Rs. ... has sufficiently proved that the accused got managed to return the notice and that is sufficient, compliance of Section 138 of the Negotiable Instruments Act.38. I feel that the equilibrium shall be always in favour of the complainant. The requirements under Section 138 of the Negotiable Instruments Act are in the nature of only formality of making demand and the interpretation with regard to service shall ... 2. The case arose out of a private complaint filed by the complainant, the present second respondent, under Section 138 of the Negotiable Instruments Act. The allegation is that the complainant is a partner of A-l firm, which does Tobacco business. A-l to A-3 had regular business dealings with the complainant since 8-9 years. The complainant used to supply tobacco ... as contemplated under Section 138 of the Negotiable Instruments Act is not at all served?7. The learned counsel, has strongly pressed about the statutory notice not being served.8. Now, the point for consideration is whether there are any grounds for allowing the revision case.9. It is a case where there is not much dispute about A-3 issuing the cheque ...

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