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M/S. Saketh India Limited and Others Vs. M/S. India Securities Limited
Supreme Court of India
Mar-10-1999
CriminalBanking
Negotiable Instruments Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 142 and 482; General Clauses Act, 1897; Limitation Act, 1963 - Sections 12(1)
AIR1999SC1090; 1999(1)ALD(Cri)584; 1999(2)ALLMR(SC)265; 1999(1)ALT(Cri)240; 1999(2)ALT17(SC); I(2006)BC449(SC); 1999(47)BLJR927; (1999)2CALLT70(SC); [1999]96CompCas329(SC);
complaints were filed beyond time. Accused petitioners approached the High Court by filing petition under Section 482 of the Criminal Procedure Code for quashing and setting aside the process issued by the XI Additional Chief Metropolitan Magistrate, Bangalore. Those petitions … committed an offence, however, it will apply, if conditions mentioned in Clauses (a), (b) and (c) are satisfied. Section 142 further provides that Court shall take cognizance of any offence punishable under Section 138 on a written complaint … of the said notice.142. Cognizance of offences --Notwithstanding anything contained in the CrPC,(1973),--(a) no court shall take cognizance of any offence punishable under Section 138
Tag this Judgment! AI Brief & AskShri Vishnu Spinners, Tamilnadu Vs. Sri Bhagyalakshmi Commercial Corpo ...
Andhra Pradesh
Jul-17-1998
Criminal
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
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
Tag this Judgment! AI Brief & AskPrem Chand Vijay Kumar Vs. Yashpal Singh and anr.
Supreme Court of India
May-02-2005
CriminalBanking
Negotiable Instrument Act, 1881 - Sections 138 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Code of Civil Procedure (CPC) , 1908 - Sections 20
III(2005)BC198(SC); 2005(2)BLJR1269; [2005]125CompCas338(SC); (2006)4CompLJ413(SC); 2005(2)CTC823; (2005)3GLR1884; JT2005(5)SC318; 2005(2)KLT914(SC); 2005(4)MhLj100; 2005MP
to warrant interference.18. The appeal is dismissed. Negotiable Instruments Act, 1881 - Sections 138 read with 142 - Criminal Procedure Code, 1973 - Section 482 - Dishonour of cheque - Accrual of cause of action - Period of limitation … 'Act') was not maintainable. Therefore, the proceedings were quashed, allowing the petition filed under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code').3. Background facts filtering out unnecessary details are as under:The complaint
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Selvaraj, S/O Gnanadesihan Vs. P. Viswanathan
Chennai
Jul-22-1999
Banking Food Adulteration
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
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 … 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 … which may extend to twicethe amount of the cheque, or with both. It was also argued that under Section 142 of the said Act, the aid Magistrate was empowered to try any offence punishable under Section 138 of
Tag this Judgment! AI Brief & AskP. Preetha Vs. Panyam Cements and Mineral Industrial Limited
Andhra Pradesh
Dec-18-2001
Criminal
Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 2
2002(1)ALD(Cri)525; 2001(6)ALT775; 2002(1)ALT(Cri)142; [2002]112CompCas124(AP)
Matched in: Citation 2002(1)ALD(Cri)525; 2001(6)ALT775; 2002(1)ALT(Cri)142; [2002]112CompCas124(AP)
Tag this Judgment! AI Brief & AskS.K.D. Lakshmanan Fireworks Industries and anr. Vs. K.V. Sivarama Kris ...
Kerala
Jan-09-1995
Commercial
Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 300; Constitution of India - Article 20(2)
[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 … is not maintainable in law since it has been filed after the expiry of the period fixed under Section 142(b) of the Act. The authority strongly relied upon in support of the contentions was N.C. Kumaresan's case [1992]
Tag this Judgment! AI Brief & AskSadanandan Bhadran Vs. Madhavan Sunil Kumar
Supreme Court of India
Aug-28-1998
Criminal
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;
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
Tag this Judgment! AI Brief & AskA.S. Impex Limited and ors. Vs. Delhi High Court and ors.
Delhi
Nov-13-2003
Criminal
Negotiable Instruments Act, 1881 - Sections 138, 142 and 143; Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2), 26, 374(3), 397 and 407; Constitution of India - Article 21, 41 and 227
107(2003)DLT734; 2004(72)DRJ1; 2003(3)JCC292; (2004)136PLR3
of the receipt of the said notice. Section 142. Cognizance of offences--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),--(a) no Court shall take cognizance of any offence punishable under Section 138 except upon … 14 and Article 21 of the Constitution of India; (ii) that no order under Section 407 of the Code could be passed. Moreover complaint under Section 138 of the Act can only be tried by the Court
Tag this Judgment! AI Brief & AskM.A. Abdul Khuthoos Vs. Ganesh and Company Oil Mills
Chennai
Feb-04-1999
BankingCriminal
Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 2
1999(2)ALT(Cri)242; [2001]103CompCas54(Mad); 1999CriLJ2432
contain the signature of the complainant.13. In this context, the definition of 'complaint' provided under Section 2(d) of the Criminal Procedure Code, 1973, is quite relevant. Section 2(d) states : ''Complaint' means any allegation made orally or in writing to … the definition of 'complaint' provided under Section 2(d) of the Criminal Procedure Code, 1973, is quite relevant. Section 2(d) states : ''Complaint' means any allegation … in view of the fact that the complaint was entertained beyond the period of limitation as contemplated under Section 142 of the Negotiable Instruments Act.7. Mr. K.A. Md. Mustafa, counsel for the petitioner, to substantiate the ground for
Tag this Judgment! AI Brief & AskThe Agricultural Market Committee Vs. Sri Sankar Rao and Company and a ...
Andhra Pradesh
Feb-18-2003
Criminal
Negotiable Instruments Act, 1881 - Sections 138 and 142; Limitation Act, 1963 - Sections 5; Code of Criminal Procedure (CrPC) , 1973 - Sections 473
2003(1)ALD(Cri)749; 2003(2)ALT(Cri)334; III(2003)BC382; [2005]124CompCas629(AP); 2004CriLJ1291; [2004]50SCL341(AP)
138 and 142 of Negotiable Instruments Act, 1881, Section 5 of Limitation Act, 1963 and Section 473 of Criminal Procedure Code, 1973 - Trial Court dismissed complaint of petitioner under Section 138 of Negotiable Instruments Act, 1881 on ground … under Section 142 of the said Act. It reads as under:'142. Cognizance of offences.--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), -- (a) no Court shall take cognizance of any offence punishable
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