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Harbhajan Singh and ors. Vs. State of U.P. and anr.

Court : Allahabad

Subject : CriminalBanking

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 200, 202, 305 and 482; Negotiable Instruments Act, 1881 - Sections 138 to 142; Companies Act, 1956 - Sections 141 and 617

Reported in : I(2007)BC551; 2005CriLJ3029

Steel Authority of India (opposite party No. 2) v. Harbhajan Singh and Ors. (petitioners), under Sections 138-142 of Negotiable Instruments Act pending in the Court of Addl. Chief Judicial Magistrate, Ghaziabad. Further prayer made is that the proceedings in

Laxmi Dyechem. Vs. State of Gujarat.

Court : Supreme Court of India

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 142; Code of Criminal Procedure (CrPC), 1973 - Section 482

of Gujarat at Ahmedabad whereby the High Court has quashed 40 different complaints under Section 138 of the Negotiable Instruments Act, 1881 filed by the appellant against the respondents. Relying upon the decision of this Court in Vinod Tanna … orders passed by the High Court in the two batch of cases referred to above.6. Chapter XVII comprising Sections 138 to 142 of the Negotiable Instruments Act was introduced in the statute by Act 66 of 1988. The

Kamana Gupta Vs. N.C.T. of Delhi

Court : Delhi

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 141

Reported in : 2001(2)JCC61

Additional Sessions Judge, New Delhi summoning the petitioner as an accused in the case under Section 138 of Negotiable Instruments Act, 1881 (for short NI Act).2. Brief facts are: that M/s. Saksham Financial Services (respondent No. 2) filed a … argued to the contrary. In order to appreciate the rival contentions it would be better to refer to Sections 138 and 141 of the NI Act, which read as under : 138. Dishonour of cheque for insufficiency, etc.,

Jayam Company Rep. by Its Partner, Ramasamy Nadar and Senthil Murugan ...

Court : Chennai

Subject : BankingCriminal

Acts : Negotiable Instruments Act - Sections 138 and 139

Reported in : II(2003)BC584; 2003CriLJ2890

such proof the presumptions under Sections 138 and 139 must prevail.' ' Sections 138 and 139 of the Negotiable Instruments Act require that the Court 'shall presume' the liability of the drawer of the cheques for the amounts for

V. Satyanarayana Vs. Andhra Pradesh Travel and Tourism Development Cor ...

Court : Andhra Pradesh

Subject : Company

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

Reported in : 1997(1)ALD(Cri)706; [1998]93CompCas843(AP)

take advantage of his tactics by contending that the complaint is not maintainable under section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act'), as no notice was served on him and the law shall not … that the complaint under section 138 is not maintainable and in such circumstances, the very object of incorporating sections 138 - 142 would be defeated. The Kerala High Court in K. Madhu v. Omega Pipes Ltd. [1996] 85

T.R.V. Electronics Co. Pvt. Ltd. and anr. Vs. M.G. Electronics Ltd.

Court : Delhi

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 142; Limitation Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 473 and 482

Reported in : II(2007)BC290; 138(2007)DLT630; 2007(95)DRJ457

Matched in: Citation II(2007)BC290; 138(2007)DLT630; 2007(95)DRJ457

Smt. Pritama Reddy and G.S. Shirish Vs. Charminar Co-operative Urban B ...

Court : Andhra Pradesh

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1981 - Sections 138 and 141; Andhra Pradesh Co-operative Societies Act

Reported in : [2001]105CompCas560(AP); 2001CriLJ2178

cases are the petitioners herein. The complainant-bank filed the criminal complaints against them under Section 138 of the Negotiable Instruments Act ('the Act', for brevity). According to the averments made in the complaint, a loan was sanctioned by the … of the company representing the same, who was not authorised to file a complaint under the provisions of Sections 138 and 142 of the Act. Obviously, it is the payee who should file the complaint or the holder

Pritama Reddy Vs. Charminar Co-operative Urban Bank Ltd. and anr.

Court : Andhra Pradesh

Subject : Criminal

Acts : Andhra Pradesh Co-operative Societies Act; Negotiable Instruments Act - Sections 138 and 141; Karnataka Agricultural Produce Marketing (Regulation) Act, 1966; Code of Civil Procedure (CPC) - Sections 26 - Order 4, Rule 1 - Order 6, Rule 14; Code of Criminal Procedure (CrPC) - Sections 199 and 482

Reported in : 2001(1)ALD(Cri)452; 2001(1)ALT(Cri)244

cases are the petitioners herein. The complainant-Bank filed the criminal complaints against them under Section 138 of the Negotiable Instruments Act ('the Act' for brevity). According to the averments made in the complaint, a loan was sanctioned by the … all these Criminal Petitions fail and are dismissed. Criminal - dishonour of cheque - Andhra Pradesh Co-operative Societies Act, Sections 138 and 141 of Negotiable Instruments Act, Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, Section 26, Order 4 Rule

Syed Rasool and Sons and ors. Vs. Aildas and Company and anr.

Court : Andhra Pradesh

Subject : CriminalCompany

Acts : Negotiable Instruments Act, 1881 - Sections 138, 139 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3) and 482; Indian Penal Code (IPC), 1860 - Sections 420

Reported in : 1992(3)ALT259; 1993(1)ALT(Cri)237; [1993]78CompCas738(AP); 1992CriLJ4048

complaints, in both the Calendar Cases, have been filed under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (Act No. 26 of 1881), hereinafter referred to as the 'Act'. 5. As the point of law, … 15. Before examining the rival contentions, it is appropriate to have a look at the relevant provisions viz., Sections 138 and 142 of the Negotiable Instruments Act, which are extracted hereunder S. 138 of the Act is in

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

Court : Mumbai

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 … 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