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Spring Fields Financial Services Ltd. Vs. the State of A.P. and anr.

Court : Andhra Pradesh

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 87, 138 and 142; Negotiable Instruments Amendment and Miscellaneous Provisions Act, 2002; Indian Contract Act, 1872 - Sections 23; Companies Act - Sections 77(1) and 77(4); Securities and Exchange Board of India (Merchant Bankers) Regulations, 1992

Reported in : 2006(1)ALD(Cri)712; I(2007)BC218; [2007]139CompCas410(AP); 2006CriLJ2090

of cheques for insufficiency of funds in the account by virtue of Negotiable Instruments Amendment and Miscellaneous Provisions Act, 2002 Section 138 of the Act is amended. Where the allegations in the complaint shows that the provisions of Sections 138 … impugned judgment.5. The facts leading to the case are that the appellant is a financial company and provided finances to the accused to an extent of Rs. 31,50,000/- and the accused-company has issued three post-dated cheques for

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

Court : Supreme Court of India

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 to 142 and 143 to 147; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002; Negotiable Instruments Laws (Amendment) Act, 1988; Information Technology Act, 2000; Evidence Act, 1891 - Sections 113A, 137 and 165; Code of Criminal Procedure (CrPC) , 1973 - Sections 251, 254, 262 to 265, 273, 294, 296, 296(2), 315, 316 and 482; Indian Penal Code (IPC), 1860 - Sections 137 and 498A; Constitution of India - Article 20(3)

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)

the provisions of Section 145 of the Act, as amended by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, (for short 'the amending Act of 2002') are applicable to the complaints under Section 138 of the Act … a Judicial Magistrate of the first class shall try any such offence.11. The speech of the Minister of Finance on December 2, 1988 in course of the debate on the Bill in the Lok Sabha tells us

M/S Shri Sendhur Agro & Oil Industries versus Kotak Mahindra Bank ...

Court : Supreme Court of India

Subject : Land Acquisition

Reported in : [2025]3S.C.R.714

Private Limited v. Inderpal Singh [2015] 14 SCR 153 : (2016) 2 SCC 75; A.E. Premanand v. Escorts Finance Ltd. (2004) 13 SCC 52; Kaushik Chatterjee v. State of Haryana and Ors. [2020] 9 SCR 311 : … could be said to have arose for the bank to lodge the complaint for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, the N.I. Act) in Chandigarh. 4. In the memorandum of … Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.List of Keywords Transfer of proceedings; Transfer of criminal cases by Supreme Court;

Kirpalsingh Pratapsingh Vs. Salvinder Kaur Hardipsingh Lobana

Court : Gujarat

Subject : Criminal

Acts : Constitution of India - Article 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 320, 320(1)(2), 320(6), 397, 401, 468 and 482; ;Indian Penal Code (IPC), 1860 - Sections 41; Negotiable Instruments Act, 1881 - Sections 138, 141 and 147

Reported in : (2004)2GLR1211

xxx xxx4. Keeping in view the recommendations of the Standing Committee on finance and other representations, it has been decided to bring out, inter alia … reproduce some part of the Statement of Objects and Reasons of the Negotiable Instruments (Amendment & Miscellaneous Provisions) Act, 2002 :'Negotiable Instruments Act, 1881 was amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, … No. 3616 of 2000 tried and convicted by the learned J.M.F.C., 4th Court, Vadodara for offence punishable under Section 138 of Negotiable Instruments Act (hereinafter referred to as 'the N. I. Act') and the petitioner of other petition

Kirpalsingh Pratap Singh Ori Vs. Salvinder Kaur Hardip Singh Lobana

Court : Gujarat

Subject : Criminal

Acts : Constitution of India - Article 226; Netotiable Instrument Act, 1881 - Sections 138 to 142 and 147; Code of Criminal Procedure (CrPC) - Sections 320(1), 320(2), 320(6), 397, 401 and 482; Indian Penal Code (IPC) - Sections 395

Reported in : 2004CriLJ3786

that section.3...4. Keeping in view the recommendations of the Standing Committee on finance and other representations, it has been decided to bring out, inter alia … No. 3616 of 2000 tried and convicted by the learned JMFC, 4th Court, Vadodara for offence punishable under section 138 of Netotiable Instrument Act (hereinafter referred to as the NI Act) and the petitioner of other petition i.e. … reproduce some part of the statement of objects and reasons of the Negotiable Instruments (Amendment & Miscellaneous Provisions) Act 2002:'Negotiable Instruments Act 1881 was amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988

M. Senguttuvan Vs. Mahadevaswamy

Court : Karnataka

Subject : Banking

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 139; Code of Criminal Procedure (CrPC) , 1973 - Sections 200 and 313

Reported in : ILR2007KAR2709; 2007(4)KarLJ334; 2007(4)KCCRSN239; 2007(5)AIRKarR346; AIR2007NOC2291.

of the Criminal Procedure Code, 1973, describing himself as the Managing Partner and GPA holder of M/s. Lotus Finance against the respondent alleging that respondent had borrowed loan from the complainant and issued two cheques for Rs. … dated 7-8-2002 in CC No. 35130 of 2000 acquitting the respondent of having committed the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short, 'the Act').2. The essential facts of the case leading upto this

M/S. Enpee Earthmovers and Others Vs. M/S.Resources International and ...

Court : Mumbai Goa

Subject : Land Acquisition

that the interest has been calculated on amount of provisional bills and not final bills. Relying upon “Karekar Finance Pvt. Ltd. V/s Shri M. N. Bashyam and anr.” [2007(2) Goa L.R. 465], the learned Counsel contended that … (AIR 2004 SC 4274); “Katta Sujatha(Smt) V/s Fertilizers and Chemicals Travancore Ltd”[ 2002 (7) SCC 655]; “Sabitha Ramamurthy V/s Chammabasavaradhya” [2006(6) ALL MR (SC) 131]; … impugned in the present appeals, the Complaints filed by the appellant against the accused for offence punishable under Section 138 of the Negotiable Instruments Act, 1881. (N.I. Act, for short) were all dismissed. 3. The parties shall hereinafter

Peacock Industries Ltd., Vs. Budhrani Finance Ltd. and State of Mahara ...

Court : Mumbai

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 9, 138 to 147 and 165; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 - Sections 138, 141, 142 and 143 to 147; Evidence Act - Sections 136, 141 and 142; The Banking, Public Financial Institutions and the Negotiable Instruments Laws (Amendment) Act, 1988 - Sections 138 to 142 and 143 to 149 ; Constitution of India - Articles 20(3), 226 and 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 88, 204, 294, 296, 296(1), 296(2), 306, 307, 313, 315, 315(1), 316, 461 and 482

Reported in : IV(2006)BC302; 2006(5)MhLj162

the provisions of Section 145 of the Act, as amended by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002,(for short 'the amending Act of 2002') are applicable to the complaints under Section 138 of the Act pending … 2001 was introduced in the Lok Sabha on 24.7.2001.15. The Bill was referred to the Standing Committee on Finance which made certain recommendations in its report submitted to Lok Sabha in November, 2001. Keeping the recommendations of

Mr. Rajesh Bhalchandra Chalke Vs. M/S Emco Dynatorq Pvt. Ltd.

Court : Mumbai

Subject : Criminal

Acts : Negotiable Instruments Act (NI) - Section 138; Code of Criminal Procedure (CrPC) - Sections 200, 482, 252 ; Companies Act - Section 293; Constitution of India - Article 227; Amending Act - Sections 143 to 147

by Act No.55 of 2002), a Metropolitan Magistrate or Judicial Magistrate, First Class, taking up a complaint under Section 138 of the NI Act, along with documents in support thereof and a verification made in the affidavit in … of this Court in Peacock Industries Ltd. and others vs M/s Budhrani Finance Ltd. and another, 2006 ALL MR CRI 2233, decided on 14th July … and sections 143 to 147 were inserted in the Act by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 to do away with all the stages and processes in a regular criminal trial that normally cause inordinate

P. Mohanraj Vs. M/s. Shah Brothers Ispat Pvt. Ltd.

Court : Supreme Court of India

Subject : Land Acquisition

may be notified by the Central Government in consultation with experts in finance. The expression “financial sector regulator” is defined by Section 3(18) as follows: … Act, 1952; and that the Delhi High Court had not stayed proceedings covered by the Prevention of Money-Laundering Act, 2002, stating that criminal proceedings were not the subject matter of Section 14 of the IBC. He thus supported … reason “funds insufficient” on 03.03.2017. As a result, on 31.03.2017, the respondent issued a statutory demand notice under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881, calling upon the company and its three Directors,