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Abdul Shakur and ors. Vs. Kotwaleshwar Prasad and ors.

Court : Allahabad

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 118

Reported in : AIR1956All403

been referred to this Bench for decision are:'1. Whether the presumption mentioned in Clause (a) of Section 118, Negotiable Instruments Act, 1881, can be invoked in insolvency proceedings where an alleged debt against the insolvent is called in question by … allegation.'This case was considered in -- 'In Re, Platau; Ex Parte Scotch Whisky Distillers Ltd.', (1889) 22 QBD 83 (E). A question arose in that case whether the Court was bound to decide the question again even

Ayodya Printers Ltd. represented by M.R. Krishnakumar General Manager ...

Court : Kerala

Subject : Education

the Judicial Magistrate of First Class-V, Ernakulam against the 2nd respondent alleging offence under Section 138 of the Negotiable Instruments Act, 1881. After complying with the legal formalities, summons was issued to the 2nd respondent under Section 204 (1) (a) … pay any process-fee or other fee before issuing proclamation under section 82 of the Code or attachment under section 83 of the Code and consequently, the complaint cannot be dismissed in such cases under section 204(4) of the

Biju Thomas Vs. Devaki Amma

Court : Kerala

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 82, 83, 256(1), 257, 321 and 482

Reported in : 2001(1)ALT(Cri)201; 2001CriLJ790

warrant and steps under Ss. 82 and 83 Cr.P.C. shall stand quashed. Criminal - commission of offence - Negotiable Instruments Act, 1881 and Sections 82, 83 and 482 of Criminal Procedure Code, 1973 - private complaint alleging commission of offence … 82 and 83 Cr.P.C. shall stand quashed. Criminal - commission of offence - Negotiable Instruments Act, 1881 and Sections 82, 83 and 482 of Criminal Procedure Code, 1973 - private complaint alleging commission of offence under Section

V. Suresh Kumar Vs. V.C. Raveendran and anr.

Court : Kerala

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) - Sections 72 to 79, 82, 83, 204 and 256(1); Criminal Rules - Rule 207

Reported in : 2006(1)ALD(Cri)26; II(2007)BC298; 2005CriLJ4756

a complaint filed by the appellant alleging that the accused committed offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The learned Magistrate took cognizance of the complaint and acquitted the accused on 13-11-2003 under Section 256(1), Cr. … case and no steps were taken by the complainant for proceeding against the accused under Sections 82 and 83, Cr. P.C.3. Learned Counsel appearing for the appellant submits that the absence of the complainant-appellant was not wilful

Mrs. Zaheda Inamdhar vs Dr. Fatima Hassina Sayeedha

Court : Karnataka

of a complaint filed under Section 200 of the Cr.P.C., alleging offences punishable under Section 138 of the Negotiable Instruments Act,1881 (‘the Act’ for short) and has sought quashment of the orderdated 13-12-2023 which rejects Section 311 Cr.P.C. application … the trial process swifter.45. In para 29 of the judgment, the High Court observed as follows:(2010) 3 SCC 83“It is true that Section 145(1) confers a right on the complainant to give evidence on affidavit. It does

Dayawati vs.yogesh Kumar Gosain

Court : Delhi

Subject : Education

III. Statutory provisions 21. Before examining the reference, we may for expediency extract the relevant provisions of the Negotiable Instruments Act, 1881; the Legal Services Authority Act, 1987; the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, … proceedings under Section 145 of the Cr.P.C. Crl.Ref.No.1/2016 Page 60 of 89 83. In this regard, reference may usefully be made to a judgment of … JUSTICE ANU MALHOTRA JUDGMENT GITA MITTAL, ACTING CHIEF JUSTICE1 The legal permissibility of referring a complaint cases under Section 138 of the NI Act for amicable settlement through mediation; procedure to be followed upon settlement and the

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

has been placed before the Full Bench for considering the question about interpretation of Section 145 of the Negotiable Instruments Act, 1881 read with Sections 118, 138, 139, 142, 143 and 146 of the Negotiable Instruments Act, 1881 (for short … M/s Mandvi Co-op Bank Ltd vs Nimesh B Thakore, 2010 ALL MR CRI 599 = (2010) 3 SCC 83. The relevant portions thereof read as under :-"14. ...... the procedure prescribed for the courts to deal with

Selvaraj, S/O Gnanadesihan Vs. P. Viswanathan

Court : Chennai

Subject : Banking Food Adulteration

Acts : Negotiable Instruments Act, 1881 -- Sections 138 and 142; Code of Civil Procedure (CPC), 1908 -- Sections 29, 167(2), and 325(1); Banking Public Financial Institution and Negotiable Instruments Laws (Amended) Act, 1988 (Act 66 of 1988) -- Sections 139, 140, 141 and 142; Code of Criminal Procedure (CrPC) , 1973 -- Sections 25, 26, 190, 200, 207, 262 to 265, 347, 372 to 379 and 468(1); Supreme Court Advocates (Practice in High Courts) Act, 1951 -- Sections 2; Indian Bar Councils Act, 1926 -- Sections 4(2) and 8(1), 9(4), 14(3) and 15; Narcotic Drugs and Psychotropic Substances Act, 1988 -- Sections 20, 27, 36-A, 37 and 51; Criminal Justice Act, 1948 -- Sections 23; Special Court Act, 1982 -- Sections 11(1); Constitution of India, Articles 132, 133, 134 and 136; Preventio

Reported in : 1999(2)ALD(Cri)438; 1999CriLJ4766; 1999(2)CTC652

such Magistrate under the Criminal Procedure Code, 1973 in respect of the offence under Section 138 of the Negotiable Instruments Act, 1881.'2. The following factual matrix would be necessary to understand the controversy:- The accused Selvaraj, who was a petitioner … a decision of a single Judge of this Court reported in A.Y. Prabhakar v. Naresh Kumar N. Shan, 83 Com. Cases 191 which supported the contention of the complainant and also relied on four other rulings of

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

lenders Act 1946 that an advance made on the basis of the negotiable instrument, as defined in the Negotiable Instruments Act 1881 other than promisory note is not a loan' within the meaning of term Sloan defined in the Bombay … respective parties.2. The applicant / original complainant has filed the Criminal Misc. Application No. 10617 of 2006 under Section 5 of the Limitation Act, seeking condonation of delay occurred in preferring Criminal Miscellaneous Application No. 10043 of

Afzal Pasha Vs. Mohamed Ameerjan

Court : Karnataka

Subject : Miscellaneous

proceed with the pending case in accordance with law. Code of Criminal Procedure, 1973 Section 315, Section 482 Negotiable Instruments Act, 1881 Section 138 Affidavit Evidence Trial Court rejected Application filed by Petitioner-Accused under Section 145(2) of the NI Act, seeking … of the Supreme Court in the case of Mandvi Cooperative Bank limited v. Nimesh B. Thakore, (2010)3 SCC 83. In the said case, the apex court had not agreed with the High Court which had held that