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K. Suresh Vs. Lloyds Finance Ltd. and anr.

Court : Delhi

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 140 and 141; Road Transport Corporation Act, 1950 - Sections 19(2), 26 and 43; Code of Criminal Procedure (CrPC) , 1973 - Sections 197 and 482; Indian Penal Code (1860) - Sections 21

Reported in : III(2008)BC401

and the Accounts Officer of MPSRTC. The complaint was for offences under Sections 138 and 141 of the Negotiable Instruments Act, 1881 (`NI Act') in respect of the dishonor of eleven cheques issued on behalf of the MPSRTC in favor … said to be the performance of any official function of the Managing Director of MPSRTC. He refers to Section 140 NI Act which categorically states that it would be no defense in a prosecution for the offence under

Sunil Kumar Vs. Yog Raj

Court : Punjab and Haryana

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 140(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : 2002(2)ALD(Cri)311

was filed before expiry of a period of 30 days, as laid down under Section 140(2) of the Negotiable Instruments Act, 1881. At best, the complaint can be adjourned and further proceedings commenced after expiry of period of 30 days.3.

B. Mohan Krishna Vs. Union of India and ors.

Court : Andhra Pradesh

Subject : Company

Acts : Constitution of India - Articles 14 and 20(3); Negotiable Instrument Act, 1881 - Sections 138, 139, 140, 141, 141(2) and 142; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22; Companies Act, 1969

Reported in : 1995(1)ALT468; 1995(1)ALT(Cri)332; [1996]86CompCas487(AP); 1996CriLJ636

14 and 20 (3) of Constitution of India, Sections 138, 139, 140, 141, 141 (2) and 142 of Negotiable Instruments Act, 1881, Section 22 of Sick Industrial Companies (Special Provisions) Act, 1985 and Companies Act - provisions under Sections 138 to

Vathsan Vs. Japahari

Court : Kerala

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 140

Reported in : II(2004)BC65; 2004CriLJ414; 2003(3)KLT972; [2004]51SCL48(Ker)

us on a reference by a learned Single Judge. The question referred is whether Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') is attracted in respect of a cheque dishonoured on account of the … to pay the amount within 15 days of receipt of the notice as contemplated in proviso (b). Further, Section 140 provides that it shall not be a defence in prosecution for an offence under Section 138 that the

Dcm Financial Services Ltd. Vs. J.N. Sareen and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 140, 141 and 141(1); Companies Act; Constitution of India - Article 136; Code of Criminal Procedure (CrPC) - Sections 482; Indian Penal Code (IPC) - Sections 420

Reported in : AIR2008SC2255; 2008(6)BomCR504; [2008]144CompCas55(SC); 2008CriLJ3178; JT2008(6)SC609; 2008(2)KLT762(SC); 2009(1)MhLj650; 2008(8)SCALE54; (2008)8SCC1; 2008AIRSCW4034; AIR2008SC2255; 2008(8)SCC1; (2008)3SCC(Cri)401; 2008CriLJ3178; 2008(3)AICLR500; 2008(3)ICC808; 2008(11)SCALE330;

would be the effect of a post dated cheque vis-`a-vis prosecution in terms of Section 141 of the Negotiable Instruments Act, 1881 (in short the Act) is the question involved in this appeal which arises out of a judgment and … of constructive liability may not be available except when an appropriate case in that behalf is made out.23. Section 140 of the Act cannot be said to have any application whatsoever. Reason to believe on the part of

Mayuri Pulse Mills and Others Vs. Union of India and Others.

Court : Mumbai

Subject : CompanyCriminal

Reported in : 1996(5)BomCR348; (1994)96BOMLR953; [1996]86CompCas121(Bom)

R.M. Lodha, J.1. The constitutional validity of sections 138, 139, 140 and 141 in Chapter XVII of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act'), as enacted by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) … unreasonable and, therefore, violative of article 14 of the Constitution of India. Learned counsel submitted before us that section 140 of the Negotiable Instruments Act, 1881, takes away a very important right of defence of the accused in

Mahendra A. Dadia and Others Vs. State of Maharashtra and Another

Court : Mumbai

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 138, 139, 140 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Partnership Act, 1932; Income-tax Act, 1961; Indian Penal Code (IPC), 1860 - Sections 191, 192, 193 and 199; Constitution of India - Articles 14 and 21

Reported in : 1998(4)ALLMR115; 1999(5)BomCR124; 1999BomCR(Cri)124; 1999CriLJ4361

cheque under question for encashment before he proceeded to do so, no offence under section 138/141 of the Negotiable Instruments Act, 1881, as amended can be said to have been made out in the facts and circumstances of the case.'Relying … that the complaints of the appellant could not have been dismissed by the High Court at the threshold.' Section 140 of the Act provides that it shall not be a defence in a prosecution for an offence under

Avnish Bajaj Vs. State

Court : Delhi

Subject : Criminal

Acts : Information Technology Act, 2000 - Sections 67 and 85; ;Negotiable Instruments Act, 1881 - Sections 138 and 141; ;Customs Act, 1962 - Sections 140; ;Employees' Provident Fund (Miscellaneous Provision) Act, 1952 - Sections 14A; Essential Commodities Act, 1955 - Sections 3 and 10; Iron and Steel Control Order, 1956; ;Communications Decency Act; ;Telecommunications Act, 1996; ;Child Online Protection Act, 1998; ;Children Internet Protection Act, 2003; ;Criminal Justice and Public Order Act, 1994; ;Protection of Children Act, 1978; ;Protection of Children (Amendment) Act, 1994; ;Indian Penal Code (IPC) - Sections 32, 35, 292, 292(1), 292(2), 294, 405 and 406; Code of Criminal Procedure (CrPC) , 1973 - Sections 91, 190(1), 173(2), 204, 319 and 482; Water (Prevention and Control

Reported in : 150(2008)DLT769; 2008(105)DRJ721

principal accused is a company. In other words, there is no provision similar to Section 141 of the Negotiable Instruments Act, 1881 ('NI Act') or Section 140 of the Customs Act, 1962 or Section 85 of the IT Act. These

Bharath N. Mehtha and Another Vs. Mansi Finance (Chennai)ltd. by Its A ...

Court : Chennai

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 -- Sections 138, 139 to 140; Presidency Town Insolvency Act, 1909 -- Sections 17(2), 18(1)(3), 25(1)(3), 28(2), 68; Indian Pinal Code, 1860 -- Sections 421; Code of Criminal Procedure (CrPC) , 1973 -- Sections 482

Reported in : 1999(2)ALD(Cri)595; 1999CriLJ2929; 1999(1)CTC687

Hence, these petitions are dismissed. Criminal - proceedings against insolvent - Sections 138 to 140 of Negotiable Instrument Act, 1881, Section 17 (2), 18 (1) (3), 25 (1) (3), 28 (2) and 68 of Presidency Town Insolvency Act, 1909, … The question posed before this Court is this:'Whether the complaint for the offence under Section 138 of the Negotiable Instruments Act is maintainable as against the accused, when the said accused was already declared as an insolvent in the

Ashok Mahansing Bajaj H.U.F. Vs. Elegant Pharmaceuticals Ltd. and Othe ...

Court : Mumbai

Subject : SICA

Acts : Code of Civil Procedure (CPC), 1908 - Order 37, Rules 2 and 3; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(2), 15, 16 and 22; Indian Contract Act, 1872 - Sections 17, 18, 25, 126, 127, 128, 140 and 141; Negotiable Instruments Act, 1881 - Sections 37; Industrial (Development and Regulations) Act, 1951; Companies Act, 1956

Reported in : 2000(2)ALLMR242; 2000(3)BomCR169; (2000)1BOMLR968; 2000(2)MhLj855

bills of exchange and the defendant Nos. 3 & 5 have been sued accordingly. Section 37 of the Negotiable Instruments Act, 1881 provides in unequivocal terms that drawer of bill of exchange until acceptance, and the acceptor are liable as … that of the principal debtor, unless it is otherwise provided by a contract. Some other relevant sections are section 140 and section 141. Section 140 of the Indian Contract Act provides that where a guaranteed debt has become