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Susanta Kumar Moharana Vs. Ramesh Kumar Bhatta

Court : Orissa

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 138B and 142 to 146; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 200 to 202, 203, 204 and 482

Reported in : 2006(1)ALD(Cri)29; IV(2005)BC210; 99(2005)CLT753

regard, Mr. Mohanty relied on (2004) 29 OCR (SC) 866 (supra); (2000)18 OCR 398 (Biswaranjan Pattnaik v. Tee, Finance Company Ltd., Represented by its Managing Director Bhubaneswar); (2001) 18 OCR 733 (Subrata Kumar Dash v. Pradeep Kumar … as complainant has filed I.C.C. Case No. 113 of 2004 before the Learned S.D.J.M., Nayagarh alleging offence under Section 138 of the Negotiable Instruments Act (in short, 'the N.I. Act') against the petitioner. Learned S.D.J.M., Nayagarh after recording

Manishbhai Bharatbhai Shah Vs. the State of Gujarat and 4 ors.

Court : Gujarat

Subject : BankingCriminal

Acts : Limitation Act - Sections 5; Negotiable Instrument Act, 1881 - Sections 13, 118, 138 and 139; Bombay Money Lenders Act, 1946 - Sections 2(9), 10, 10(4), 11(2), 23 and 25; Money lenders Act, 1949; Prevention of Corruption Act, 1947 - Sections 4 and 4(1); Code of Criminal Procedure (CrPC) - Sections 313, 342, 378 and 378(4); Evidence Act - Sections 101

Reported in : (2008)1GLR392

be barred or incompetent. Shri Nanavay has invited this Court's attention to the decision in case of Sundaram Finance Limted (SFL) and Ors. v. State of Gujarat and Ors. reported in 2006 (2) GLH 362 in support … complaint which came to be registered as Criminal Case No. 1744 of 2003 in the court of learned Judicial Magistrate First Class Borsad against original … No. 1 to 4 who are private respondents No. 2 to 5 herein above for offence punishable under Section 138 of the Negotiable Instrument Act as the cheque of Rs. 11,50,000=00 allegedly issued by applicant complainant had not

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

decision of the learned Single Judge 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 2006. Referring to the various guidelines … book by Amending Act 55 of 2002 with effect from 6th February 2003 were obviously intended to give over-riding effect over Section 200 of CrPC … 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

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 … SC 4274 (Para 12). 11. M/s. Pawan Enterprises Vs. Satish. H. Verma 2003 Cri.L.J. 2146 (Para 23). 12. Katta Sujatha (Smt) V/s Fertilizers and Chemicals … 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

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Subject : Service Tax

eligible to take creditof such additional duty(viii)(viii) the additional duty of excise leviable under section 157 of the Finance Act, 2003 (32 of 2003)(ix)(ix) the service tax leviable under section 66 of the Finance Act; …….” 20. In respect … (23 of 2004)(via)(via) the Secondary and Higher Education Cess on excisable goods leviable under section 136 read with section 138 of the Finance Act, 2007 (22 of 2007);(vii)(vii) the additional duty leviable under section 3 of Customs Tariff

V.S. Gupta Vs. Punjab National Bank

Court : Delhi

Subject : Banking

Acts : Negotiable Instrument Act - Sections 138, 141, 141(1) and 141(2); Companies Act - Sections 2, 2(24), 5, 209A(8) and 291; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Penal Code (IPC) - Sections 420

Reported in : [2010]154CompCas1(Delhi)

Ltd. on 20.8.1994 whereas cheques in question were issued in the year 2003 and she was not a Director of the Company at that time. … for quashing criminal complaints No. 1367/2008 and 1368/2008, filed by the respondent against the petitioner and others under Section 138 of Negotiable Instrument Act. Identical allegations have been made in both the complaints, the only difference being the … carrying on the management and day to day affairs of Company and were responsible for everything related to finances of the company. It has been further alleged that accused No. 1 which had availed credit facilities from

Balaji Agencies Pvt. Ltd. Vs. Vilas Bagi and anr.

Court : Mumbai

Subject : BankingCompany

Acts : Negotiable Instruments Act, 1881 - Sections 20, 118 and 138; Companies Act, 1956

Reported in : 2009CriLJ4250

Court in dealing with appeal against acquittal of the accused are well settled. This Court in Om Shri Finance & Investment Corporation v. Mohammed A. Sheikh and Anr. 2007 (11) LJ SOFT (URC) 24 relying upon the … of the Apex Court in State of Rajasthan v. Raja Ram : 2003 (8) SCC 180 : AIR 2003 SC 3601 has stated that unless … N.A. Britto, J.1. This is complainant's appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 by virtue of judgment dated 24-3-2006 of the learned J.M.F.C., Panaji.2. There

J.K. Jawarappa Vs. Rajan

Court : Chennai

Subject : Land Acquisition

family members deposited to the tune of Rs.5,00,000/- with the appellant, who is the Managing Director of Annadhani Finance and to prove the same, the respondent filed the documents, i.e. Exs.D1 to D8. He further submitted that … 378 of Cr.P.C. against the Judgment dated 11.11.2005 made in C.C.No.545 of 2003 on the file of the learned Judicial Magistrate, Udhagamandalam.) 1. This appeal … file of the learned Judicial Magistrate, Udhagamandalam. 2. The appellant as a complainant filed a private complaint under Section 138 of the Negotiable Instruments Act stating that the respondent / accused borrowed a sum of Rs.4,00,000/- and for

Sunil Kumar Mehrotra Vs. State of Bihar and anr.

Court : Patna

Subject : CriminalBanking

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Penal Code (IPC), 1860 - Sections 420; Negotiable Instruments Act, 1881 - Sections 138

to repay the dues proceedings were initiated against the company on 17.1.2002 under Section 29 of the State Finance Corporation Act. Proceedings under the Public Demand Recovery Act, 1914 were also initiated on 31.3.2002 to recover the … Patna, taking cognizance against the petitioner in Complaint Case No. 2457 /2002 instituted under Section 420, IPC and Section 138 of the Negotiable Instrument Act, 1881.2. Opposite party No. 2 filed the aforesaid complaint case before the Court

M. Chandrashekar Rao Vs. V. Kutamba Rao and anr.

Court : Andhra Pradesh

Subject : Civil

Acts : Negotiable Instruments Act, 1881 - Sections 133, 138 and 139; Code of Criminal Procedure (CrPC) - Sections 251 and 255(1)

Reported in : 2006CriLJ1399

the accused alleging that the accused was running Chit Fund Company in the name of Swapna Chits and Finance Private Limited at Ameerpet, Hyderabad in the name of his brother Sri V. Satyanarayana who is the Executive … payment of the amounts due under the cheques and thereby the accused rendered himself liable for punishment under Section 138 of the Negotiable Instruments Act. 4. On the said allegations, the learned Magistrate took the case on file