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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

of fine than the limit spelt out from the relevant provision regarding the powers of 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 … the limit spelt out from the relevant provision regarding the powers of 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

Medchel Chemicals and Pharmaceuticals Pvt. Ltd. Vs. Dr. D.C. Mallik an ...

Court : Chennai

Subject : CompanyCommercial

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 197 and 258; Companies Act, 1956 - Sections 284 and 617; Negotiable Instruments Act, 1881 - Sections 138; Indian Penal Code (IPC), 1860 - Sections 34, 120B, 209, 211, 406, 420 and 511

Reported in : [1998]94CompCas259(Mad)

appointed by the office bearers of the MMTC who can be removed by them and Section 197 of the Criminal Procedure Code, 1973, is not attracted for sanction, and, therefore, he dismissed M. P. No. 1056 of 1996, totally and … 406, 420 and 511 read with Section 34 of the Indian Penal Code, 1860. Therefore, there were two sets of complaints, one set by the … therefore, the MMTC filed the complaints, C. C. Nos. 3324, 3325 and 3491 to 3494 of 1995, under Section 138 of the Negotiable Instruments Act before the VIIth Metropolitan Magistrate, George Town, Chennai. The accused in these complaints,

G. Ekantappa Vs. State of Karnataka and Another

Court : Karnataka

Subject : Company

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

Reported in : 1997(1)ALT(Cri)688; [1998]93CompCas826a(Kar); [1998]93CompCas933(Kar); 1997CriLJ1274; ILR1997KAR1014; 1997(2)KarLJ63

section 138(b) of the Act. 13. The expression 'offence' is defined under clause (n) of section 2 of the Criminal Procedure Code, 1973, and according to the definition 'offence' means any act or omission made punishable by any law for … of sections 190, 468(2)(c) and item II of the First Schedule - 'Classification of offences' - to the Code of Criminal Procedure, 1973. Section 142 of the Negotiable Instruments Act, 1881, imposes certain restrictions; it empowers only

Shri Vishnu Spinners, Tamilnadu Vs. Sri Bhagyalakshmi Commercial Corpo ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Negotiable Instruments Act, 1881- Sections 138, 139, 140, 141 and 142; Limitation Act, 1963 - Sections 5; Code of Criminal Procedure (CrPC) , 1973 - Sections 470, 472 and 473

Reported in : 1998(5)ALD274; 1998(2)ALD(Cri)383; 1999(1)ALT(Cri)187; 1999CriLJ1221

The provisions are mandatory in their nature. Section 142 of the Act envisages that notwithstanding anything contained in Criminal Procedure Code, 1973, no Court shall take cognizance of any offence punishable under Section 138 except upon a complaint in … are mandatory in their nature. Section 142 of the Act envisages that notwithstanding anything contained in Criminal Procedure Code, 1973, no Court shall take cognizance of any offence punishable under Section 138 except upon a complaint in

S.K.D. Lakshmanan Fireworks Industries and anr. Vs. K.V. Sivarama Kris ...

Court : Kerala

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 300; Constitution of India - Article 20(2)

Reported in : [1995]84CompCas447(Ker)

the Act. The petitioners have filed the criminal miscellaneous case to quash the complaint under Section 482 of the Criminal Procedure Code, 1973. The petitioners have admittedly issued a cheque for Rs. 20,645 to the first respondent. The complaint was … case to quash the complaint under Section 482 of the Criminal Procedure Code, 1973. The petitioners have admittedly issued a cheque for Rs. 20,645 to … cheque during its validity and the payee or holder in due course can initiate prosecution for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'), with reference to any one of the causes

Pooja Granites and Marbles Ltd. Vs. Ispat Finance Ltd. and

Court : Mumbai

Subject : Criminal

Acts : Negotiable Instrument Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Constitution of India - Articles 226 and 227

Reported in : II(2004)BC329; 2003BomCR(Cri)1767; 2004(1)MhLj554; [2004]52SCL588(Bom)

to be quashed by exercising the jurisdiction and authority of this Court in view of Section 482 of the Criminal Procedure Code, 1973 and Articles 226 of 227 of the Constitution of India. Thus, both the writ petitions are allowed … of this Court in view of Section 482 of the Criminal Procedure Code, 1973 and Articles 226 of 227 of the Constitution of India. Thus, … for attending the Court in respect of the cases initiated against them in context with the provisions of Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act for convenience). These two petitions are

Sadanandan Bhadran Vs. Madhavan Sunil Kumar

Court : Supreme Court of India

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 142; Negotiable Instruments Laws (Amendment) Act, 1988; Code of Civil Procedure (CPC) - Sections 20; Code of Criminal Procedure (CrPC) , 1973;

Reported in : 1998VIAD(SC)357; AIR1998SC3043; 1998(2)ALD(Cri)529; 1998(4)ALLMR(SC)645; 1998(2)ALT(Cri)289; 1999(1)BLJR51; [1998]94CompCas812(SC); (1998)4CompLJ228(SC); 1998CriLJ4066; (1998)6SCC514

to Section 138. (emphasis supplied)8. In a generic and wide sense (as in Section 20 of the Civil Procedure Code, 1908) 'cause of action' means every fact which it is necessary to establish to support a right or … within the meaning of Section 142(b) of the Act. Section 142 reads as under:'Notwithstanding anything contained in the CrPC, 1973(a) no court shall take congnizance of any offence punishable Under Section 138 except upon a complaint, in writing, … rendered by a learned Single Judge of the Kerala High Court in Criminal Misc. Case No. 1373 of 1991. Facts relevant for disposal of this

Altaf Ahmed Vs. Minerals and Metals Trading Corporation

Court : Chennai

Subject : Company

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 389(1) and 397; Negotiable Instruments Act, 1881 - Sections 138

Reported in : [1997]89CompCas837(Mad)

conviction itself, in this case, the sentence of imprisonment and fine might be suspended.4. Certainly, section 397 of the Criminal Procedure Code, 1973, empowers the revisional court to suspend the execution of the sentence of the order challenged. If this … Rengasamy, J.1. This petition is filed under section 397(1) of the Code of Criminal Procedure, 1973, for the suspension of the conviction and fine … C.C. No. 143 of 1996.2. The revision petitioner was prosecuted along with some others for the offence under section 138 of the Negotiable Instruments Act, 1881, before the VIIth Metropolitan Magistrate, George Town, Chennai. The learned VIIth Metropolitan

Tgn Kumar. Vs. State of Kerala and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Section 138; Code of Criminal Procedure (CrPC), 1973 - Sections 482, 205, 313(b), 88, 87, 483; Constitution of India - Article 227

being summoned by the Magistrate, the accused preferred a petition before the High Court under Section 482 of the Criminal Procedure Code, 1973 (for short "the Code"), inter alia, praying for dispensing with her personal appearance before the Magistrate. As … petition before the High Court under Section 482 of the Criminal Procedure Code, 1973 (for short "the Code"), inter alia, praying for dispensing with her … all the criminal courts, which are called upon to hold trials, particularly in cases involving an offence under Section 138 of the Negotiable Instruments Act, 1881 (for short "the N.I. Act"), as also in all other cases involving

K. Pannir Selvam Vs. M.M.T.C. Ltd. and anr.

Court : Andhra Pradesh

Subject : CommercialCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : 2000(1)ALT(Cri)121; [2000]99CompCas94(AP); 2000CriLJ1002

Vaman Rao, J. 1. This petition under Section 482 of the Criminal Procedure Code, 1973, has been filed by the sixth accused in C. C. No. 218 of 1997, on the file … Rao, J. 1. This petition under Section 482 of the Criminal Procedure Code, 1973, has been filed by the sixth accused in C. C. No. … other hand, the complainant received a contentious reply with false allegations. Hence, the complaint for the offence under Section 138 of the Negotiable Instruments Act was filed with liberty to take such a civil and other criminal actions