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

Jul 31 2012

Mr.M.Palanichamy. Vs. Union of India And Ors.

  • Decided on : 31-Jul-2012

Court : Chennai

... Section 138 of the Negotiable Instruments Act, 1881. (i) In M/s.Goutham T.V.Centre and another Vs. M/s.Apex Agencies, and another reported in 1993 CRL.L.J 1004, the Andra Pradesh High Court considered a case relating to territorial jurisdiction. Facts in nutshell as extracted in the judgment and the observations, at Paragraphs 3 to 5, 9 and 11, are as follows:- 3 ... , in the case of Shri Ishar Alloy Steels Ltd., v. Jayaswals Neco Ltd., reported in (2001) 3 SCC 609, the following questions were raised. "2.(a) what is meant by "the bank" as mentioned in clause(a) of the proviso to Section 138 of the Negotiable Instruments Act, 1881? (b) Does such bank mean the bank of the drawer of the cheque or covers within its ... . 15. Before adverting to the facts of this case, this Court deems it fit to have a cursory look at some of the relevant provisions of the Negotiable Instruments Act and the Code.Section 138 of the Negotiable Instruments Act, 1881 138. dishonour of cheque for insufficiency, etc., of funds in the account. Where any cheque drawn by a person on an account maintained by him with a ... bankers on May 24, 1993. The company, on receipt of the memo of dishonour, issued through their counsel a notice dated June 1, 1993, under section 138(b) of the Negotiable Instruments Act, 1881 (Act No. 26 of 1881-for short "the Act"), calling upon the firm to honour its commitments within fifteen days of the receipt of the notice. Individual notices were sent to the firm, as ...

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 ...

Oct 08 2002

Kirlampudi Sugar Mills Ltd. Vs. G. Venkata Rao

  • Decided on : 08-Oct-2002

Court : Andhra Pradesh

Reported in : 2003(2)ALT550; [2003]114CompCas563(AP); [2003]42SCL798(AP)

... of the Negotiable Instruments Act, 1881 and also to Sections 47 and 147(1)(c) of Companies Act, 1956. The learned Counsel further submitted that a reading of the promissory note Ex.A-1 would show that D-2 and D-3 are not the makers of the promissory note and hence the essential requirement of a promissory note as contemplated under Section 4 of Negotiable Instruments Act is ... drawn under Section 118 of the Negotiable Instruments Act several contentions had been advanced by both the learned Counsels. But, however, in the light of the clear evidence of PW1 and PW2 and admissions made by DW1 and also the different provisions under Sections 26, 27 and 28 of the Negotiable Instruments Act, 1881 and also Section 47 and also Section 147(1)(c) of the Indian Companies Act, 1956, ... also the different provisions under Sections 26, 27 and 28 of the Negotiable Instruments Act, 1881 and also Section 47 and also Section 147(1)(c) of the Indian Companies Act, 1956, it is not necessary to further discuss these aspects in detail since it will not alter the situation in any way in favour of the appellants/defendants 2 and 3. Hence all the findings recorded ... elaborating his submissions had drawn my attention to Sections 4, 7, 26, 27, 28 and 118 of the Negotiable Instruments Act, 1881 and also to Sections 47 and 147(1)(c) of Companies Act, 1956. The learned Counsel further submitted that a reading of the promissory note Ex.A-1 would show that D-2 and D-3 are not the makers of the promissory note ...

Oct 03 2013

Durairaj Mills Ltd Vs. Siruvanee Clothing Company

  • Decided on : 03-Oct-2013

Court : Chennai

... Acrylic LTD.at Special pages 3 and 4, wherein, it is held as follows: The offender in Section 138 of the Negotiable Instruments Act, 1881 is the drawer of the cheque. He alone would have been the offender thereunder if the Act did not contain other provisions. It is because of Section 141 of the Act that penal liability under Section 138 is cast on other ... considered or dealt with the legal issues relating to Section 87 of the Negotiable Instrument Act, 1881, pertaining to 'Material Alteration' coupled with the salient features and relevant provisions of the Indian Partnership Act, 1932, in a proper and real perspective, which ultimately resulted in miscarriage of justice, whereby acquitted the Respondents 1 to 3/A1 to A3. Therefore, to prevent an aberration ... of the dates attract Section 87 of the negotiable instrument Act, 1881, which speaks of 'Material Alteration'. 54.Added further, if the cheques Exs.P2 and P3 were issued in the ordinary couRs.of business transaction, then it may bind the Partners in the eye of law. Another important fact is that when the Respondents 2 and 3/A2 and A3 (as ... the voluntary revalidation of a negotiable instrument (including of cheque) by the drawer after the lapse of its validity Period. In the instant case, the alterations of the dates in Ex.P2 and P3 cheques, assume a centre stage and the Respondents' claim that the alteration of the dates attract Section 87 of the negotiable instrument Act, 1881, which speaks of 'Material Alteration'. ...

Nov 29 2001

Atlaz Degi-Tel Pvt. Ltd. and Ors. Vs. Atlaz Technology Pvt. Ltd. and A ...

  • Decided on : 29-Nov-2001

Court : Mumbai

Reported in : 2002(3)BomCR70; 2002BomCR(Cri)325

... section 138 of Negotiable Instruments Act, 1881.In this context, a reference to section 139 of Negotiable Instrument Act, 1881 as also section 118(a) of Negotiable Instruments Act, 1881 will have to be made.Section 139 of Negotiable Instruments Act, 1881 reads as under:'139. Presumption in favour of holder.---It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section ... section 138 of Negotiable Instruments Act, 1881 Act.(iii) The Court of CJM at Jalgaon has no territorial jurisdiction to entertain the complaint and to take cognizance of the offence as, according to the petitioners, the transaction had taken place at Mumbai.(iv) The petitioner Nos. 2 and 3 ... section 118(a) of the Negotiable Instruments Act, 1881 Act, which also indicates the presumption being rebuttable by leaving a margin for rebuttal of the presumption with opening phrase.Section 118 of Negotiable Instruments Act, 1881 reads as under:'118. Presumption as to negotiable instrument.---Until the contrary is proved, the following presumptions shall be made --(a) of consideration, that every negotiable instrument, was made or drawn for consideration and that every such instrument ...

Apr 28 1993

Bratindranath Banerjee, Director, Standard Chartered Bank Vs. Hiten P. ...

  • Decided on : 28-Apr-1993

Court : Mumbai

Reported in : 1994(4)BomCR237

... Negotiable Instruments Act. The Negotiable Instruments Act already contained section 118. Under section 118, there is a presumption that every negotiable instrument was made and drawn for consideration and that every such instrument when it was accepted, endorsed, negotiated or transferred was accepted, endorsed, negotiated or transferred for consideration. This until the contrary is proved. I am unable to accept Mr. Ovalekar's submission that presumptions under section 118 of the Negotiable Instruments Act ... 3. The main points for determination which, therefore, arise for consideration by the Court are:(1) Whether the Court has jurisdiction to entertain and try this complaint ?(2) Whether the complaint is not maintainable and/ or barred under section 142(a) of the Negotiable Instruments Act?(3 ... negotiable instrument was made and drawn for consideration and that every such instrument when it was accepted, endorsed, negotiated or transferred was accepted, endorsed, negotiated or transferred for consideration. This until the contrary is proved. I am unable to accept Mr. Ovalekar's submission that presumptions under section 118 of the Negotiable Instruments Act do not apply to criminal trials. Chapter XVII which has been incorporated in the Negotiable Instruments Act ...

Mar 11 1999

Pramod Gupta & Anr. Vs. ANZ Grindlays Bank & Anr.

  • Decided on : 11-Mar-1999

Court : Delhi

Reported in : 1999IIIAD(Delhi)180; 79(1999)DLT16; 1999(49)DRJ803

... and, thereforee, the NHPC Ltd. cannot legitimately contest the right or respondents 2 & 3 to the interest warrants held by them.48. The learned senior counsel, Mr.L.R.Gupta, referred to Sections 8, 13, 14, 15, 46, 47, 48, 50 and 78 of the Negotiable Instruments Act, 1881. The learned senior counsel, Mr.L.R.Gupta, submitted that knowing fully well ... L.R.Gupta, referred to Sections 8, 13, 14, 15, 46, 47, 48, 50 and 78 of the Negotiable Instruments Act, 1881. The learned senior counsel, Mr.L.R.Gupta, submitted that knowing fully well the position of the bond and the interest warrant, the Bank in the garb of the petition under Section 111 of the 1956 Act is claiming the relief of ... 3 referred to a few provisions of the Negotiable Instruments Act, 1881, hereafter called the 1881 Act, for the purpose of showing that the interest warrants issued in the form of post dated cheques are independently negotiable and it is a settled position of law that the negotiable instruments are transferred by delivery and endorsement. In the instant case, according to the learned counsel for the respondents 2 & 3 ... . The interest warrants also are independently negotiable by endorsement and delivery. The Bank had purchased the bonds and one interest warrant and, thereforee, this position cannot be disputed by the Bank.74. Mr.L.R.Gupta, the learned counsel for respondents 2 & 3 referred to a few provisions of the Negotiable Instruments Act, 1881, hereafter called the 1881 Act, for the purpose of showing ...

Dec 23 2005

Laxminivas Agarwal Vs. Andhra Semi Conductors Pvt. Ltd. and Ors.

  • Decided on : 23-Dec-2005

Court : Andhra Pradesh

Reported in : 2006CriLJ2643

... contended by the accused?(3) If so, whether the drawer cannot be prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act, in case of dishonour of such cheques?(4) Whether A-3 and A-4 who are not signatories to the cheques issued are not liable to be prosecuted for the offence punishable under Section 138 of the Act?(5) Whether ... his consent and therefore it amounts to material alteration within the meaning of Section 87 of the Negotiable Instruments Act and it is void. On such facts, the Division Bench of Kerala High Court considered the Sections 87 and 118(b) of the Negotiable Instruments Act and Section 114 of the Indian Evidence Act and held as follows:When a cheque is issued for valid consideration, ... Section 138 of the Negotiable Instruments Act is applicable in the event of dishonour of such cheque.(3) In Goa Plast (P) Ltd. v. Chico Ursula D'souza : 2004CriLJ664 wherein it has been held that where debt or liability was legally enforceable, the relationship between the parties concerned was not at all a factor germane to the proceedings under Section 138 of the Act ... the cheques Exs. P-1 to P-3 from the accused, there was no debt or liability incurred by the accused towards the. complainant. Therefore, the said letters themselves is sufficient to prove the contra to rebut the presumption available under Section 139 of the Negotiable Instruments Act. Further the accused during his examination under Section 313, Cr. P.C. filed documents ...

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 ...

Nov 10 2008

Jinraj Paper Udyog Vs. Dinesh Associates and Anr.

  • Decided on : 10-Nov-2008

Court : Mumbai

Reported in : 2009(2)BomCR81

... by the appellant and cognisance of the offence under Section 138 of the Negotiable Instruments Act, 1881 was taken by the Chief Judicial Magistrate, Suri. We may moreover notice that the situs of the accused where for jurisdiction of a Court can be invoked and which is an exception to the aforementioned provisions as contained in Section 188 of the Code of Criminal Procedure recently ... under Section 138 of the Negotiable Instruments Act consists of the five acts, enumerated in paragraph 14 of the judgment. It may be seen that Clauses (2) and (3) in paragraph 14 of the judgment refer to presentation of 'the cheque' to 'the Bank' and returning the cheque unpaid by 'the drawee Bank'. A reference to Section 138 of the Negotiable Instruments Act, would also show that the section ... claim of the payee.35. In (Prem Chand Vijay Kumar v. Yashpal Singh) : (2005)4SCC417 , we may, however, notice that it was held that for securing conviction under the Negotiable Instruments Act, 1881 the facts which are required to be proved are : (S.C.C. p. 423, para 10)10. (a) that the cheque was drawn for payment of an amount of ... would undisputedlu attract the provisions of Clause (d) of Section 178 of the Code of Criminal Procedure, since it can be said that the offence punishable under Section 138 of the Negotiable Instruments Act consists of the five acts, enumerated in paragraph 14 of the judgment. It may be seen that Clauses (2) and (3) in paragraph 14 of the judgment refer to presentation of ' ...

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