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Jan 11 2010

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

Court : Supreme Court of India

Decided on : Jan-11-2010

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 … Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002. The first amendment inserted Chapter XVII in the Act, comprising Sections 138 to 143. Section 138 made, for the first time in the legislative history of the country, the issuance

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May 13 2008

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

Court : Supreme Court of India

Decided on : May-13-2008

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 … under Section 482 of the Code of Criminal Procedure for quashing the complaint. In fact, an advertence to Sections 138 and 141 of the Negotiable Instruments Act shows that on the other elements of an offence under Section

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Feb 14 2008

Ramaswamy Athappan and anr. Vs. Bharti Infotel Ltd.

Court : Delhi

Decided on : Feb-14-2008

Subject : CriminalBanking

Acts : Negotiable Instruments Act, 1881 - Sections 138, 140, 141, 141(2) and 142; Companies Act, 1956 - Sections 303(2); Telegraph Act - Sections 4(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : II(2008)BC533; 2008BusLR522(Del); 148(2008)DLT79; 2008(101)DRJ426

Infotel Ltd. v. Data Access India Ltd. under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act, 1881 ('NI Act') in so far as it concerns the Petitioners here. 2. Petitioner No. 1 Mr. Ramaswamy Athappan

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Dec 09 2002

Sri. Mukesh Gupta, Managing Director, Offshore Financial Services Vs. ...

Court : Andhra Pradesh

Decided on : Dec-09-2002

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 141, 141(1) and 142

Reported in : 2003(1)ALD(Cri)261; 2003(1)ALT(Cri)147; II(2003)BC332; [2003]114CompCas728(AP); [2003]44SCL542(AP)

petitioner - Accused No. 14 also had committed the offence under Section 138 r/w. Section 142 of the Negotiable Instruments Act, 1881, in short hereinafter referred to as 'Act'. The allegations made in C.C. No. 1814/1998 are to the effect … and responsible to the over all conduct of the business, the complaint can be maintained or not under Sections 138, 141 and 142 of the Negotiable Instruments Act. Section 141 of the Negotiable Instruments Act, 1881 reads as

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Sep 26 2012

Msr Leathers. Vs. S. Palaniappan and anr.

Court : Supreme Court of India

Decided on : Sep-26-2012

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 142

Reported in : (2013)1SCC177

dishonour, followed by the statutory notice issued on the basis thereof, had been filed.9. Section 138 of the Negotiable Instruments Act, 1881, constituting Chapter XVII of the Act which was introduced by Act 66 of 1988, inter alia, provides:“138. Dishonour … earlier cause of action?”3. Answering the question in the negative this Court held that a combined reading of Sections 138 and 142 of the Act left no room for doubt that cause of action under Section 142(b) can

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Mar 10 2006

Shri Satish Chand Singhal Vs. the State of Gujarat and ors.

Court : Gujarat

Decided on : Mar-10-2006

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 200, 204, 262 to 265, 300, 319 and 482; Negotiable Instruments Act, 1881 - Sections 138, 139, 141, 142 and 143(1); Companies Act, 1956; Indian Penal Code (IPC) - Sections 120B, 406, 408, 409, 420 and 477; Evidence Act - Sections 3; Prevention of Food Adulteration Act, 1954 - Sections 20 and 20A; Income Tax Act, 1922 - Sections 18A(3), 18A(9), 22, 28 and 34; Code of Criminal Procedure (CrPC) , 1898 - Sections 207A and 207A(4)

Reported in : IV(2007)BC362; 2006CriLJ3854; (2006)3GLR2209

under Section 319 of the Code of Criminal Procedure, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act for short) in Criminal Case No. 129/99, Criminal Case No. 127/99 and … Act, is a must. The learned Advocate for the petitioner contended that having regarding to the object of Sections 138 and 141 of the Act, it should be held that in absence of notice to the petitioner, the

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Feb 01 2005

Ksl and Industries Ltd., (Formerly Known as Krishna Texport Industries ...

Court : Mumbai

Decided on : Feb-01-2005

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 to 142, 145 and 145(1); Banking, Public Financial Institutions and Negotiable Instruments Law (Amendment) Act, 1988; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 251 and 281; Indian Penal Code (IPC) - Sections 417 and 420

Reported in : 2005(1)ALD(Cri)45; 2005(2)ALLMR581; III(2005)BC500; 2005CriLJ1201

Dalveer Bhandari, C.J.1. All these petitions emanate from the proceedings under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'). Therefore, we propose to decide these petitions by a common judgment.2. These petitions raise … purpose and object of incorporating these provisions stand defeated because of enormous delay in disposal of these complaints.14. Sections 138 to 142 of the Act in Chapter XVII were inserted in the Act by the Banking, Public Financial

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Aug 11 2006

Shivaji Sampat Jagtap Vs. Rajan Hiralal Arora and the State of Maharas ...

Court : Mumbai

Decided on : Aug-11-2006

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 to 142 and 143 to 147; Code of Criminal Procedure (CrPC) - Sections 259, 260 to 265, 313, 315, 322, 325, 326, 326(1), 326(2), 326(3) and 357(3); The Banking, Public Financial Institutions and the Negotiable Instruments Laws (Amendment) Act, 1988; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002; Evidence Act - Sections 3; Essential Commodities Act, 1955

Reported in : 2007CriLJ122

and recorded the whole or any part of the evidence in a case under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') ceases to exercise jurisdiction therein, either on account of his transfer or retirement, and … Institutions and the Negotiable Instruments Laws (Amendment) Act, 1988 (66 of 1988) had inserted Chapter XVII comprising of Sections 138 to 142 with effect from 1.4.1989. It was inserted with a view to enhance the acceptability of cheques

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Jan 30 2009

M.V. Nalinakshan Vs. M. Rameshan and anr.

Court : Kerala

Decided on : Jan-30-2009

Subject : CriminalBanking

Acts : Negotiable Instruments Act, 1881 - Sections 138 to 142; Probation of Offenders Act - Sections 3, 4, 4(1), 4(2), 4(3), 6(2), 7, 9(3), 11(2) and 11(4); Punjab Municipal Act - Sections 81 and 84; Prevention of Food Adulteration Act; Narcotic Drugs and Psychotropic Substances Act; Negotiable Instruments Laws (Amendment) Act, 1988; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002; Code of Criminal Procedure (CrPC) - Sections 397, 401 and 401(4); Code of Criminal Procedure (CrPC) - Sections 357, 357(1), 357(3), 360, 372 and 439(5)

Reported in : 2009CriLJ1703

Miscellaneous Provisions) Act, 2002 with effect from 17-12-2002. The prefatory note concerning statement of objects and reasons states:The Negotiable Instruments Act, 1881 was amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 wherein a new … keep peace and if they violated the condition, to appear and receive the sentence for the original offence.18. Sections 138 - 142 of the Act were introduced by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment)

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Jan 27 1995

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

Court : Andhra Pradesh

Decided on : Jan-27-1995

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

M.N. Rao, J. 1. The provisions of Chapter XVII of the Negotiable Instruments Act, 1881 (for short 'the Act'), comprising sections 138 - 142, concerning penalties in cases of dishonour of certain cheques

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