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Jan 07 1997

Dipendra G. Choksi and anr. Vs. Dipak Chimanlal Patel and anr.

Court : Gujarat

Decided on : Jan-07-1997

Subject : Company

Acts : Indian Penal Code (IPC), 1860 - Sections 420; Negotiable Instruments Act, 1881 - Sections 138

Reported in : [1999]95CompCas280(Guj); (1997)2GLR1191

section 138 of the Act, but the same also as well attracts the ingredients of section 420 of the Indian Penal Code, 1860. Accordingly, merely because for whatever reason the complainant inadvertently failed to add section 420 of the Indian Penal

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Apr 01 1998

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

Court : Chennai

Decided on : Apr-01-1998

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)

liable to be punished under Sections 120B, 209, 211, 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 revision petitioner-MMTC under Section 138 of the

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Oct 16 1996

United India Phosferous Ltd. and ors. Vs. Vinodhbai Mohanbhai Patel an ...

Court : Gujarat

Decided on : Oct-16-1996

Subject : Company

Acts : Indian Penal Code (IPC), 1860 - Sections 463; Negotiable Instruments Act, 1881 - Sections 20 and 138

Reported in : [1997]89CompCas764(Guj); (1997)1GLR84

have committed the offence punishable under sections 175, 406, 409, 420, 427, 465, 467, 120B and 114 of the Indian Penal Code, 1860, and on the strength of the same, a process has been issued against the present petitioners. It is … the cheque was dishonoured with an endorsement of insufficient funds. Thereafter, the petitioners had issued statutory notice under section 138 of the Negotiable Instruments Act, 1881, and then getting a reply from respondent No. 1 and non-payment of

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Apr 09 1992

Kishore Lahoti and ors. Vs. Mahabir Prasad Maheshwari

Court : Punjab and Haryana

Decided on : Apr-09-1992

Subject : CommercialCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138; Indian Penal Code (IPC), 1860 - Sections 34 and 420

Reported in : [1993]76CompCas782(P& H)

Section 138 of the Negotiable Instruments Act, 1881, as amended up-to-date, read with Sections 420 and 34 of the Indian Penal Code, 1860, as well as for the quashment of the summoning order dated November 6, 1990, passed by the Judicial

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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)

to be identified.2. Bottlenecks shall be identified as follows: a) Matrimonial cases.b) Cases under Section 498A of the Indian Penal Code, 1860.c) Cases under Section 143 of the Negotiable Instrument Act, 1881.d) to (i) xxxxxxxxxx20. Once it is realized that … and Miscellaneous Provisions) Act, 2002, (for short 'the amending Act of 2002') are applicable to the complaints under Section 138 of the Act pending on the date on which the amendment came into force? In other words, do

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Sep 19 2008

Pramod Kumar Saxena Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Sep-19-2008

Subject : Constitution

Acts : Negotiable Instruments Act, 1881 - Sections 138; Indian Prisons Act, 1894; Code of Criminal Procedure (CrPC) (Amendment) Act, 2005; Code of Criminal Procedure (CrPC) - Sections 436A and 482; Indian Penal Code (IPC), 1860 - Sections 120B, 406, 409 and 420; Constitution of India - Articles 14, 19, 20, 21, 32 and 142

Reported in : IV(2008)BC505(SC); 2008CriLJ4697; [2009(1)JCR79(SC)]; 2008(12)SCALE623; (2008)9SCC685; 2008AIRSCW6624; 2008(9)SCC685; 2008(6)Supreme573; 2008(5)LH(SC)3528; 2008AIRSCW6624; 2008(6)Supreme573; 2008(5)LH(SC)3528

different States for commission of offences punishable under Sections 406, 409 and 420 read with Section 120B of the Indian Penal Code, 1860 (IPC) and also under Section 138 of the Negotiable Instruments Act, 1881.5. According to the petitioner, there is

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Sep 05 2008

FakhruddIn Ahmad Vs. State of Uttaranchal and anr.

Court : Supreme Court of India

Decided on : Sep-05-2008

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3), 161, 173(2), 190 to 199, 200 to 203 and 482; Indian Penal Code (IPC), 1860 - Sections 420, 467, 468 and 471; Negotiable Instruments Act, 1881 - Sections 138

Reported in : 2008(2)ALD(Cri)629; 2008CriLJ4377; JT2008(10)SC240; 2009(I)OLR(SC)216; 2008(12)SCALE339; 2008AIRSCW5881; 2008(5)LH(SC)3500

referred to as the complainant, for allegedly committing offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (for short `the I.P.C.').3. A few material facts giving rise to the present appeal are:The appellant owns a … 7th September, 2005, the appellant served a legal notice on the complainant and his partner in terms of Section 138 of the Negotiable Instruments Act, 1881 (for short `the Act'), calling upon them to make payment against the

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Oct 23 2007

Shree Krishna Polyester Ltd. Vs. State and ors.

Court : Delhi

Decided on : Oct-23-2007

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 156(3), 177, 178, 179 to 185, 181(6), 181(7), 182, 182(1), 188, 233 to 239 and 482; Indian Penal Code (IPC), 1860 - Sections 194, 415, 417, 420 and 495; Negotiable Instrument Act - Sections 138 and 141

Reported in : 2007(99)DRJ167

deceived or was received by the accused person.(2) Any offence punishable under Section 495 or Section 494 of the Indian Penal Code (45 of 1860) may be inquired into or tried by a court within whose local jurisdiction the offence … ?insufficient funds?.7. M/s Shree Krishna Polyester Ltd., the holder of the cheques served statutory demand notices required by Section 138 of N.I. Act on payment not being made, criminal complaints were filed before the Chief Metropolitan Magistrate, Mumbai

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Dec 04 2008

Mahindra and Mahindra Financial Services Ltd. and anr. Vs. Rajiv Dubey

Court : Supreme Court of India

Decided on : Dec-04-2008

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138; Indian Penal Code (IPC), 1860 - Sections 34, 294, 405, 406, 420 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1), 200 and 482; Constitution of India - Article 226

Reported in : 2008(16)SCALE62; 2009(1)SCC706; 2009(1)LHSC64; 2009(1)SCC(Cri)603

SDJM, Bhubaneshwar in ICC 210 of 2000 taking cognizance of offence punishable under Sections 406 and 420 of the Indian Penal Code, 1860 (in short the `IPC'). In the complaint it was inter-alia alleged as follows:The complainant as the Managing Director … abuse of the process of the law. It was as a counter blast to the proceedings initiated under Section 138 of the Negotiable Instruments Act, 1881 (in short the `Act'). The High Court found that it is not

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Sep 01 2011

White Metals P. Ltd. and ors. Vs. Kanika Metals P. Ltd.

Court : Delhi

Decided on : Sep-01-2011

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 482, 156(3); Negotiable Instruments Act - Sections 138, 141; Indian Penal Code (IPC), 1860 (IPC) - Sections 406, 420, 120B

of the Criminal Complaint Case No. 145/1 of 2003 filed by the respondent/complainant under Section 406 and 420 Indian Penal Code, 1860, 1960 against them and further seeking quashing of order dated 17.02.2007, whereby, summons were issued by the learned … Bagh Branch, New Delhi for clearing the bill. (vi) The respondent/complainant received a demand notice dated 30.06.2003 under Section 138 of the Negotiable Instruments Act from petitioner No.1/accused No.1, whereby a demand of ` 6,06,405/- was made on

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