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N. Laxman and Others Vs. Sri Shanukha Cotton Traders
Andhra Pradesh
Jul-21-1998
BankingCriminal
Negotiable Instruments Act, 1881 - Sections 141(1 and 2) and 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 219, 219(1), 220, 220(1), 319 and 482; Instruments Act, 1881
1998(4)ALD681; 1998(2)ALD(Cri)201
responsibility of Director - Sections 141 (1) and 141 (2) of Negotiable Instruments Act,1881 and Section 482 of Criminal Procedure Code, 1973 - petitioners Directors of company - alleged to have involved in issuance of cheque which were not … disposal of these petitions.2. Criminal Petition No.1497 of 1998 is an application filed under Section 482 of the Code of Criminal Procedure, 1973 {for short 'the Code') to quash the proceedings in CC No.145 of 1997 on
Tag this Judgment! AI Brief & AskK. Pannir Selvam Vs. M.M.T.C. Ltd. and anr.
Andhra Pradesh
Sep-07-1999
CommercialCriminal
Negotiable Instruments Act, 1881 - Sections 138 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 482
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. … liable for the offence under Section 138 of the Negotiable Instruments Act in view of the provisions in Section 141 of the Negotiable Instruments Act inasmuch as he as an officer of the company was in charge of
Tag this Judgment! AI Brief & AskHori Lal and anr. Vs. State of U.P.
Supreme Court of India
Dec-05-2006
Criminal
Indian Penal Code (IPC) - Sections 141, 142, 149, 302, 307, 324 and 396; Code of Criminal Procedure (CrPC) , 1973 - Sections 161
2007CriLJ1181; JT2007(1)SC290; 2006(13)SCALE174; 2007AIRSCW189; (2007)2SCC(Cri)581; (2007)1Crimes215(SC); 2007LawHerald(SC)110; 2007(1)KCCRSN29.
- Sections 141, 142, 149, 302, 307, 324 and 396 of Indian Penal Code - Section 161 of Criminal Procedure Code (CrPC), 1973 -- Appeal questioning conviction and sentence under Section 302 read with Section 149 - Held, whether accused persons
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Rajan Bagaria Vs. Union of India (Uoi) and ors.
Delhi
Feb-07-2008
FERACriminal
Foreign Exchange Regulation Act, 1973 - Sections 18(2), 56, 33(2), 40, 68, 68(1) and 68(2); Foreign Exchange Management Act, 1999 - Sections 49(3) and 49(4); Negotiable Instruments Act, 1881 - Sections 138 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 482
2008(101)DRJ385
quashed.18. The petition is allowed with no orders as to costs. The pending application also stands disposed of. Criminal Procedure Code, 1973Section 482 - Foreign Exchange Regulation Act, 1973--Sections 56 & 33(2)--Petitioner was not a person in charge of … is submitted that scope of interference by this Court under Section 482 CrPC is extremely limited and has to be sparingly used. A reference is … means a partner in the firm.12. The above section is more or less similar to the wording of Section 141 of the Negotiable Instruments Act, 1881 ('NI Act'). The law in this regard to the averments that are
Tag this Judgment! AI Brief & AskN. Lakshmanan and ors. Vs. Sri Shanmukha Cotton Traders and anr.,
Andhra Pradesh
Jul-21-1998
CriminalCommercial
Negotiable Instruments Act, 1881 - Sections 138, 141 and 141(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 220
1998(2)ALT(Cri)494; [2000]102CompCas154(AP)
1497 of 1998 is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), to quash the proceedings … on a particular date which was done by the respondent/complainant in this case and so Section 219(1) of the Criminal Procedure Code is not attracted to the facts of the present case for the simple reason that the petitioner/ accused … appearing on behalf of the first respondent-complainant submits that the case on hand falls under Sub-section (2) of Section 141 and not under Sub-section (1) of Section 141 of the Act and, therefore, it is immaterial as to
Tag this Judgment! AI Brief & AskBikau Pandey and ors. Vs. State of Bihar
Supreme Court of India
Nov-25-2003
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 141, 148, 149 and 302; Arms Act, 1959 - Sections 27; Code of Criminal Procedure (CrPC) , 1973 - Sections 161; Juvenile Act
2004(1)BLJR158; [2005(3)JCR267(SC)]; JT2004(6)SC47; 2003(10)SCALE17; (2003)12SCC616; 2004(1)LC234(SC)
Code, 1860 - Sections 34, 141, 148, 149 and 302 - Arms Act, 1959 - Section 27 - Criminal Procedure Code (CrPC), 1973 - Section 161 - The question relating to age of the accused was never raised before the courts
Tag this Judgment! AI Brief & AskT. Giri and ors. Vs. Y.S. Mathivanan
Chennai
Apr-20-2001
BankingCriminal
Negotiable Instruments Act, 1881 - Sections 138 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 482
[2001]107CompCas58(Mad); 2001CriLJ4033
has arisen in this way :3. The respondent, Y.S. Mathivanan, filed a private complaint under Section 200 of the Criminal Procedure Code, 1973, alleging that one Jayalakshmi was the President of Sri Amman Trust, that the trust was running educational … Mathivanan, filed a private complaint under Section 200 of the Criminal Procedure Code, 1973, alleging that one Jayalakshmi was the President of Sri Amman Trust, … the Negotiable Instruments Act is the drawer of the cheque, but by virtue of the fiction envisaged in Section 141 of the Negotiable Instruments Act three categories of persons can be discerned within the purview of penal liability.
Tag this Judgment! AI Brief & AskKapal Mehra Vs. Indusind Enterprises and Finance Ltd. and anr.
Mumbai
Jul-03-2007
BankingCriminal
Negotiable Instruments Act, 1881 - Sections 138, 141, 141(1) and 141(2); Companies Act, 1956; Code of Criminal Procedure (CrPC) , 1973 - Sections 202, 319, 319(1), 397 and 482; Negotiable Instruments (Amendment) Act; Code of Criminal Procedure (CrPC) - Sections 351
2008(1)ALLMR116; III(2008)BC538; 2008(2)BomCR359; 2008CriLJ1134; 2007(6)MhLj58
revision applications preferred under Sections 397 read with Section 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) are the original accused … learned Counsel, it is open for the learned Magistrate issuing process to use provision of section 202 of the Criminal Procedure Code to enquire into the matter as to the nature of the offence concerned, to avoid the prosecution against … filed by the respondent No. 1 - original complainant for the offence punishable under section 138 read with section 141 of the Negotiable Instruments Act, 1881 ('the N.I. Act' for short).2. Considering the points involved in the three
Tag this Judgment! AI Brief & AskM.P. Murthy Vs. Sri Sathyanarayana Reddy and anr.
Andhra Pradesh
Jun-05-2002
CriminalBanking
Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Negotiable Instruments Act, 1881 - Sections 138 and 141
2002(2)ALT(Cri)291; [2004]119CompCas691(AP)
accused No. 2 in the case invokes the inherent powers vested in this court under Section 482 of the Criminal Procedure Code, 1973, to quash the proceedings initiated against him in C. C. No. 29 of 1998 on the file … powers vested in this court under Section 482 of the Criminal Procedure Code, 1973, to quash the proceedings initiated against him in C. C. No. … the holder in due course of the cheque within fifteen days of the receipt of the said notice.' Section 141 of the Negotiable Instruments Act reads as under : 'Offences by companies.--(1) If the person committing an offence
Tag this Judgment! AI Brief & AskTrichur Cotton Mills Ltd. and anr. Vs. Devarasetty Cotton and anr.
Andhra Pradesh
Oct-17-2000
CompanyCriminal
Negotiable Instruments Act, 1881 - Sections 138 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 482
[2003]115CompCas168(AP)
Vaman Rao, J.1. This petition under Section 482 of the Criminal Procedure Code, 1973, seeks to quash the proceedings in C. C. No. 136 of 2000 on the file of the … Vaman Rao, J.1. This petition under Section 482 of the Criminal Procedure Code, 1973, seeks to quash the proceedings in C. C. No. 136 of … to fasten the criminal liability on the second petitioner (A-2) to bring the matter within the purview of Section 141 of the said Act. As there is no specific allegation in the complaint that the second petitioner is
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