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Gautam Verma and ors. Vs. the State of Jharkhand and Basanti Devi

Court : Jharkhand

Subject : Criminal

Acts : Negotiable Instrument Act, 1881 - Sections 138 and 142; Code of Criminal Procedure (CrPC) - Sections 202 and 482; Indian Penal Code (IPC) - Sections 147, 148, 149, 307, 323, 325, 379, 427, 435, 452 and 504

Reported in : I(2008)BC248; 2007(2)BLJR1989; [2007(3)JCR39(Jhr)]

assails the order of the High Court refusing to quash the complaint filed under Section 138 of the Negotiable Instruments Act. The only ground on which the learned Counsel for the appellant prays for quashing of the complaint is … under Sections 323/504 of the Indian Penal Code as well as under Section 138 of the Negotiable Instrument Act 1881 (Herein after referred as N.I. Act) and also for quashment of the entire criminal prosecution against the petitioners.2. … as many other total 16 in number for the offence under Section 147/148/149/452/325/307/427/435/379 of the Indian Penal Code for the attempts made by them to

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)

In these appeals we are required to consider the special provisions laid down by Section 145 of the Negotiable Instruments Act, 1881 (`the Act', hereinafter) for a dishonoured cheque trial and to consider how far certain assertions made by the … on affidavit; Section 146 provided that the bank's slip would be prima facie evidence of certain facts and Section 147 made the offences under the Act compoundable.14. The statement of objects and reasons appended to the bill stated

Mr. Vishnu Bhat Vs. Narayan R. Bandekar, Managing Director, Rajaram Ba ...

Court : Mumbai

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 43, 138, 139 and 147; General Clauses Act - Sections 27; Code of Criminal Procedure (CrPC) , 1973 - Sections 313, 320 and 378

Reported in : 2008CriLJ3770; 2008(1)MhLj497

Britto, J.1. This is a Complainant's appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881, by judgment dated 26/08/2005 of the learned JMFC, Vasco-da-Gama. 2. The parties hereto shall be referred to in … filed for compounding the offence under Section 138 of the Act which has now been made compoundable under Section 147 of the Act. Counsel appearing on behalf of the accused submits that the Complainant is not inclined to

Vinay Devanna Nayak Vs. Ryot Seva Sahakari Bank Ltd.

Court : Supreme Court of India

Subject : CriminalBanking

Acts : Negotiable Instruments Act, 1881 - Sections 138; Banking, Public Financial Institutions and Negotiable Instrument Law (Amendment) Act, 1988; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 - Sections 147; Code of Criminal Procedure (CrPC) , 1973 - Sections 320, 397 and 401; Indian Penal Code (IPC) - Sections 320, 320(1), 320(2) and 320(9)

Reported in : AIR2008SC716; 2008(1)BomCR523; 105(2008)CLT673(SC); 2008CriLJ805; 2008(1)KLT1(SC); 2008(3)MhLj394; (2008)149PLR194; (2008)2SCC305; 2007AIRSCW7844; AIR2008SC716; 2008(2)SCC305; (2008)1SCC(Cri)351; 2008CriLJ805; 2008(2)CivilLJ225; ILR2007(2)Kar1387; 2008(3)KCCR1281; 2008(1)AIRKarR478

made by the accused and hence a criminal case was filed by the Bank against him under the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). A summons was issued to the accused for an offence punishable under … matters, therefore, normally compounding of offences should not be denied. Presumably, Parliament also realized this aspect and inserted Section 147 by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002. (ACT 55 of 2002). The said section reads

R. Raju Vs. K. Sivaswamy

Court : Supreme Court of India

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 147

Reported in : 2012(1)SCC223; 2012(1)SCC(Cri)519; AIR2012SCW733; 2012(1)ALD(Cri)819; 2012(3)KCCR116(SN); 2012(1)BCR(Cri)343

21.11.2006 in C.C.No. 202 of 2004, whereby the appellant was convicted for an offence under Section 138 of Negotiable Instruments Act, 1881 (for short, "the Act") and sentenced to undergo one year simple imprisonment and to pay a fine of … the parties have arrived at a settlement and prayed for the compounding of the offence as contemplated by Section 147 of the Act, it is not necessary for us to notice the facts leading up to institution of

Sanjabij Tari versus Kishore S. Borcar & Anr.

Court : Supreme Court of India

Reported in : [2025] 9 S.C.R. 1515

Act, 1881; Discharge of any liability; Insufficiency of the amount of money; Credibility of cheques; Section 138 of Negotiable Instruments Act, 1881; Section 118 of Negotiable Instruments Act, 1881; Massive backlog of cheque bouncing cases.Case Arising FromCRIMINAL APPELLATE JURISDICTION: Criminal Appeal … payment and upon confirmation of receipt, appropriate orders regarding release of such money and compounding/closure of proceedings under Section 147 of the NI Act and/or Section 255 of Cr.P.C./278 BNSS, 2023 may be passed by the Court in

Patri Mahesh Vs. State of Andhra Pradesh, Rep. by Its Public Prosecuto ...

Court : Andhra Pradesh

Subject : MRTP

would be apt to clarify that in view of the non-obstante clause, the compounding of offences under the Negotiable Instruments Act, 1881 is controlled by Section 147 and the scheme contemplated by Section 320 of the Code of Criminal Procedure

Ravinder Kapoor Vs. Sushma Kapoor and anr

Court : Delhi

Subject : Banking

Acts : Negotiable Instrument Act, 1881 - Section 147

compound the case, therefore, in the interest of justice and as provided under Section 147 of the Negotiable Instrument Act, 1881, the same stands compounded.5. Consequently, the petitioner is acquitted from the case.6. Accordingly, Jail authorities are … the case, therefore, in the interest of justice and as provided under Section 147 of the Negotiable Instrument Act, 1881, the same stands compounded.5. Consequently, the petitioner is acquitted from the case.6. Accordingly, Jail authorities are directed to

Damodar S. Prabhu Vs. Sayed Babalal H.

Court : Supreme Court of India

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 to 142, 143, 144, 145, 146 and 147; ;Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988; ;Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 - Section 10; ;Indian Penal Code (IPC) - Section 320; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 200, 320(1), 320(2), 320(9), 378(4), 397 and 401; ;Constitution of India - Articles 136 and 142;

granted.2. The present appeals are in respect of litigation involving the offence enumerated by Section 138 of the Negotiable Instruments Act, 1881 [Hereinafter `Act']. It is not necessary for us to delve into the facts leading up to the institution … the respondent have arrived at a settlement and prayed for the compounding of the offence as contemplated by Section 147 of the Act. It would suffice to say that the parties were involved in commercial transactions and that

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 questions that fall for my consideration are as under;(A) Whether sub-section (2) of Section 145 of the Negotiable Instruments Act, 1881, (for short, 'the Act') confers an unfettered right on the complainant and the accused to apply to the … judgment and order dated 1.2.2005. The scheme of Chapter XVII of the Act consisting of Sections 138 to 147 and the Statement of Objects and Reasons were taken into consideration while interpreting the relevant provisions and addressing