Judgment Search Results Home > Cases Phrase: negotiable instruments act 1881 chapter v of presentment Page 1 of about 826 results (0.057 seconds)

Mayuri Pulse Mills and Others Vs. Union of India and Others.

Court : Mumbai

Reported in : 1996(5)BomCR348; (1994)96BOMLR953; [1996]86CompCas121(Bom)

..... circumstances which are beyond the control of the accused do not affect the constitutionality or validity of section 138 or 140 of the negotiable instruments act, 1881, because sufficient safeguards are provided in chapter xvii and particularly in sections 138 and 142 of the negotiable instruments act, 1881, and which are : 'nothing contained in section 138 shall apply unless - (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity ..... a defence of an accused in a prosecution for an offence under section 138 that the drawer had reason to believe when he issued the cheque that the cheque may not be dishonoured on presentment is a reasonable defence and section 140 of the negotiable instruments act, 1881, which provides that such defence shall not be a defence in a prosecution for an offence under section 138 of the negotiable instruments act, 1881, is arbitrary and most unreasonable and, therefore, cannot be allowed to stand and the same deserves to be struck down. 6. mr. v. s. .....

Indian Bank Association and ors. Vs. Union of India and anr.

Court : Supreme Court of India

..... the negotiable instruments act, 1881 was amended by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 wherein a new chapter xvii was incorporated for penalties in case of dishonour of cheques due to insufficiency of funds in ..... under the negotiable instruments act and readily accepted in lieu of payment of money and is negotiable, the fact remains that the cheque as a negotiable instrument started losing its credibility by not being honoured on presentation. ..... may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both: provided that nothing contained in this section shall apply unless- (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; (b) the payee or the holder in due course of ..... metropolitan magistrate/judicial magistrate (mm/jm), on the day when the complaint under section 138 of the act is presented, shall scrutinize the complaint and, if the complaint is accompanied by the affidavit, and the affidavit and the documents, if any, are found to be in order, take cognizance and direct issuance ..... the provisions have also been made that to constitute the said offence: (a) such cheque should have been presented to the bank within a period of six months of the date of its drawal or within the period of its validity, whichever is earlier; and (b) the payee or holder in due course .....

Satishkumar Jayantilal Shah Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : [1998]92CompCas344(Guj); (1997)3GLR2041

..... 2 has contended before me that section 138 or any other provision of chapter xvii of the negotiable instruments act, 1881, does not lay down that the cheque is to be presented only once and that there could not be the prosecution of the person on the presentation of the cheque on the second occasion. ..... , who is at present elevated as judge of the apex court, has held that more than one cause of action on the same cheque is not contemplated or envisaged under chapter xvii of the negotiable instruments act, 1881, and the prosecution in that case on account of the dishonouring of the cheque on the second presentation of the cheque has been quashed. 8. ..... if the provisions of chapter xvii of the negotiable instruments act are considered, then it would be quite clear that by the provisions of section 138 a creditor has been given a right to have recourse to the criminal prosecution in case the cheque by his debtor is dishonoured on presentation to the bank. ..... the petitioner is seeking the quashing of the said criminal proceeding on three grounds : (i) that the cheques were presented a second time after they were dishonoured on the first occasion and the prosecution is lodged after the second dishonour by taking recourse to provisions of section 138 of the negotiable instruments act and the complainant had failed to take action against the petitioner when the cheques were dishonoured on the first occasion, and he is not entitled to lodge the .....

H.P. Agro Industries Corporation Ltd. Vs. M.P.S. Chawla

Court : Himachal Pradesh

Reported in : [1998]92CompCas686(HP)

..... admittedly, in the present case, the respondent was being proceeded against for the offence under section 138 of the negotiable instruments act, 1881. ..... filed a complaint for the prosecution of the respondent for the offences under sections 415, 417, 418 and 420 of the indian penal code, and for the offence under section 138 of the negotiable instruments act, 1881, before the learned chief judicial magistrate, shimla.3. ..... learned magistrate while passing the order dated december 16, 1993, dismissing the complaint in default and acquitting the respondent of the offence under section 138 of the negotiable instruments act, 1881, had not acted illegally in any manner. ..... with such situation, the learned magistrate while acting under section 256 of the criminal procedure code had dismissed the complaint and acquitted the respondent of the offence under section 138 of the negotiable instruments act, 1881. ..... , the magistrate dismissed the complaint in default under section 256 of the criminal procedure code, and acquitted the respondent of the offence under section 138 of the negotiable instruments act, 1881.5. ..... section 256 of the criminal procedure code, which falls under chapter xx of the criminal procedure code, provides that upon the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the ..... therefore, the procedure as contained in chapter xx of the criminal procedure code would be applicable .....

Mrs. Rajni JaIn Vs. Lt. Governor of Delhi and Others

Court : Delhi

Reported in : AIR1994Delhi269

..... presentment of bills or notes a notary shall observe the provisions of chapter v of the negotiable instruments act, 1881, (26 of 1881 ..... a notary may do all or any of the following acts by virtue of his office, namely:-(a) verify, authenticate, certify or attest the execution of any instrument;(b) present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security;(c) note or protest the dishonour by non-acceptance or non-payment of any promissory note, hundi or bill of exchange or protestfor better security or prepare acts of honourunder the negotiable instruments act, 1881(xxvi of 1881), or serve notice of such noteor protest; (d) note ..... and draw up ship's protest, bond protest or protest relating to demurrage and other commercial matters;(e) administer oath to, or take affidavit from, any person;(f) prepare bottom and respondent a bonds, charter parties and other mercantile documents;(g) prepare, attest or authenticate any instrument intended to take effect in any country or place ..... or certify documents under his official seal including conveyance of properties;(2) note and certify the general transactions relating to negotiable instruments;(3) prepare a will or other testamentary documents; and(4) prepare and take affidavits for various purposes for his notaries acts. .....

Rajni JaIn Vs. Lt. Governor of Delhi and ors.

Court : Delhi

Reported in : 1994IAD(Delhi)397; 53(1994)DLT465; 1994(28)DRJ383

..... presentment of bills or notes a notary shall observe the provisions of chapter v of the negotiable instruments act, 1881 (26of 1881 ..... of his office, namely :- (a) verify, authenticate, certify or attest the execution of any instrument; (b) present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security; (c) note or protest the dishonour by non-acceptance or non-payment of .any promissory note, hundi or bill of exchange' or protest for better security or prepare acts of honour under the negotiable instruments act, 1881 (xxvi of 1881), or serve notice of such note or protest; (d) note and draw up ship's protest, boat's ..... protest or protest relating to demurrage and other commercial matters; (e) administer oath to, or take affidavit from, any person; (f) prepare bottomry and respondent a bonds, charter parties and other mercantile documents; (g) prepare, attest or authenticate any instrument intended to take effect in any country or ..... draw, attest or certify documents under his official seal including conveyance of properties; (2) note and certify the general transactions relating to negotiable instruments; (3) prepare a will or other testamentary documents; and (4) prepare and take affidavits for various purpsoes for his no tarial acts. .....

Amarjit Singh Vs. Jasjit Singh

Court : Chhattisgarh

..... negotiable instruments act, 1881 is a special act and substantive procedure for making complaint and taking cognizance has been provided in chapter xvii of the negotiable instruments act, 1881 ..... the complaint filed on behalf of the respondent, dispute relating to tenancy of accommodation situate at chandigarh was resolved and the petitioner issued cheque of rs.90 lakhs on 20-8-2010 in favour of the respondent, same was presented for encashment on 24-8-2010 at ing vysya bank limited, branch raipur, same was bounced on the ground of insufficiency of money and difference in signature of the drawer i.e. ..... complaint and evidence on affidavit, the petitioner has issued cheque of rs.90 lakhs at raipur to the respondent and the respondent has presented the cheque for payment before the bank situate at raipur, same was dishonoured and the respondent has served notice to the petitioner ..... supreme court in the matter of shri ishar alloy steels (supra), the word `bank' referred to in clause (a) to the proviso to section 138 of the act means the drawee- bank on which the cheque is drawn and not all banks where the cheque is presented for collection including the bank of the payee, in whose favour the cheque is issued. ..... has held that "the bank" referred to in clause (a) to the proviso to section 138 of the act would mean the drawee-bank on which the cheque is drawn and not all banks where the cheque is presented for collection including the bank of the payee, in whose favour the cheque is issued. .....

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

Court : Kerala

Reported in : [1995]84CompCas447(Ker)

..... judge has obviously proceeded on the basis that successive causes of action can arise on the repeated presentation and dishonour of the same 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 of action if he satisfies strictly the other conditions prescribed in the relevant provisions contained in chapter vii of the ..... chapter xvii of the act, as it now stands, was incorporated in the act with effect from april 1, 1989, by section 4 of the banking, public financial institutions and negotiable instruments laws (amendment) act ..... ' it is obviously to achieve the above objective that the provisions have been incorporated in the chapter creating a new offence in cases where a cheque bounces when presented for payment and conferring a new criminal remedy on the affected party, namely, the payee or holder in due course of the dishonoured cheque in addition to the existing ..... unless the provisions of chapter xvii are interpreted and understood as indicated above, the payee or holder in due course of a cheque can, umpteen number of times, present the cheque again and again during the period of its validity, get it dishonoured again and again, issue notice under clause (b) of the proviso to section 138 of the act on equal number of occasions and keep the draft of complaint waving at the drawer of the cheque like the sword .....

Blue Blends (India) Limited and Anand Arya Vs. Thirumagal Mills Limite ...

Court : Chennai

Reported in : III(2006)BC475; [2005]127CompCas626(Mad)

..... the respondent having received the huge amount from the petitioners, in order to harass and humiliate the petitioners, is not withdrawing the complaints; that the court below has failed to note that the amendment act 2002 to chapter xvii negotiable instruments act 1881 through sec. ..... senior counsel for the respondent, it comes to be known that the respondent herein has lodged all the above mentioned criminal cases as against the petitioners herein for the offence under section 138 of the negotiable instruments act. ..... of law delivered by the upper forums of law on the subject, would hold that a prima facie case has been made out on the part of the complainant and that when the offence is complete, the subsequent negotiation that the accused would settle the claim, would, in no way, frustrate the operation of law and the onus is on the accused to establish that the said amounts were given towards the discharge of liability in respect ..... 147 provides that 'notwithstanding anything contained in the code of criminal procedure 1973, every offence punishable under this act shall be compoundable' and the said amendment applied to the present complaint filed against the petitioner also. .....

Manik Lodh Vs. State of Assam and anr.

Court : Guwahati

..... before entering into the merit of the present revision, what is important to note is that the negotiable instruments act, 1881, was amended by the banking, public financial institutions and negotiable instrument laws (amendment) act, 1988, by incorporating a new chapter, in the form of chapter xvii, prescribing penalties for dishonour of cheques due to insufficiency of funds in the account of the drawer of ..... 2150/96, whereby the accused-petitioner stood convicted under section 138 of the negotiable instruments act, 1881, and sentenced to undergo rigorous imprisonment for six months and pay a fine ..... the charges framed against him under section 420 ipc and section 138 of the negotiable instruments act (in short, the 'n.i. ..... , after the cheque stands dishonoured, any amount in discharge of the liability, partial or complete, which the cheque carried, the drawee, having received part payment of the cheque amount, shall not have the right to present to the bank such a cheque for payment of the whole amount, which the cheque, originally, mentioned, for, the drawer of such a cheque, having already made a part of the payment of the cheque, will not ..... of a drawer of a cheque, for dishonour of the cheque on the ground of insufficiency of funds in the account of the drawer, is permissible if, between the date of the issue of the cheque and the date of presentation thereof to the bank for payment, a part of the amount, for which the cheque has been drawn, is paid to, and received by, the drawee? .....