Judgment Search Results Home > Cases Phrase: negotiable instruments act 1881 chapter v of presentment Court: himachal pradesh Page 1 of about 7 results (0.067 seconds)

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 .....

Bal Krishan Sharma Vs. Tek Ram

Court : Himachal Pradesh

Reported in : 2006(1)ShimLC385

..... would a cheque issued after the date of closure of an account in a bank fall within the mischief of section 138 of the negotiable instruments act? ..... which may be extended to two years], 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 the cheque, as the case may be, makes ..... chapter-viii consisting of sections 138 to 147 of the act was inserted in the act by an amendment act of 1988 with effect from april 1, 1989. ..... looking to the object of incorporating chapter-viii in the act, the expression, 'on account maintained by him' used in section 138 of the act, noticed above, cannot be interpreted to give it an artifical or unrealistic meaning. ..... this chapter was incorporated in the act to prevent harassment of the honest drawers. ..... the provisions contained in this chapter are primarily designed to provide an additional criminal remedy, over and above the civil remedies available to the payee or holder in due course of a cheque. ..... the object of the chapter is to enhance the acceptability of the cheque in settlement of financial liabilities by making the drawer liable for penalties. ..... this chapter protects the interests of a payee or holder in due course of a dishonoured cheque. .....

Yudhister Lal Thukral Vs. Smt. Sumitra Devi and ors.

Court : Himachal Pradesh

Reported in : [2002]112CompCas493(HP),[2003]44SCL509(HP)

..... the petitioner, the late shri prakash nath chawla (predecessor-in-interest of the respondents), preferred a complaint under section 138 of the negotiable instruments act, 1881 (hereinafter referred to as 'the act'). ..... that the learned judge had lost sight of sections 118 and 139 of the negotiable instruments act. ..... already observed, statutory presumption is attached to a negotiable instrument, cheque in the present case, after its execution was admitted by the ..... :'on a reading of the provisions of section 138 of the negotiable instruments act it is clear that the ingredients which are to be satisfied for making out a case under the provision are : (i) a person must have drawn a cheque on an account maintained by him in a bank for payment of a certain amount of money to another person from out of that account for the discharge of any debt or other liability ; (ii) that cheque has been presented to the bank within a period of six months from ..... the relevant sub-clause (a) of section 118 of the act under chapter xiii needs to be noted as it is going to have material bearing in the decision of these cases :'118- presumptions as to negotiable instrument,--until the contrary is proved, the following presumptions shall be made : (a) of consideration : that every negotiable instrument was made or drawn for consideration, and that every such instrument when it has been accepted, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration.' 13. .....

Bal Krishnan Sharma Vs. Tek Ram

Court : Himachal Pradesh

Reported in : I(2007)BC138,2006CriLJ1993

..... a cheque issued after the date of closure of an account in a bank fall within the mischief of section 138 of the negotiable instruments act ('act' for short) is the question which calls for an answer in this petition.2. ..... which may be extended to two years), 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 the cheque, as the case may ..... chapter-viii consisting of sections 138 to 147 of the act was inserted in the act by an amendment act of 1988 with effect from april 1, ..... looking to the object of incorporating chapter-viii in the act, the expression, 'on account maintained by him' used in section 138 of the act, noticed above, cannot be interpreted to give it an artificial or unrealistic ..... this chapter was incorporated in the act to prevent harassment of the honest ..... the provisions contained in this chapter are primarily designed to provide an additional criminal remedy, over and above the civil remedies available to the payee or holder in due course of a ..... the object of the chapter is to enhance the acceptability of the cheque in settlement of financial liabilities by making the drawer liable for ..... this chapter protects the interests of a payee or holder in due course of a .....

Ramesh Sachdeva Vs. Shahbaz Khan

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC230

..... the petitioner herein was summoned as an accused in the compliant filed by the respondent under section 138 of the negotiable instruments act (in short 'the act') thus sought quashing of the proceedings against him on the ground that the complaint was barred by limitation, on the issuance of first notice of demand and the second notice would not ..... chapter xvii of the act containing the fascicule of sections 138 to 142 was brought into the statute book with effect from april 1, 1989 by section 4 of the banking public financial institutions and negotiable instruments laws (amendment) act ..... which may extend to one year, or with fine which may extend to twice the amount of the cheques, 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 the ..... thus, the complaint must demonstrate the existence of the following ingredients of the offence punishable under section 138 of the act:(a) a cheque was issued;(b) the same was presented(c) but on presentation, it was dishonoured(d) a notice in terms of the said provisions was served upon the person sought to be made liable; and(e) despite the service of notice, neither any payment was ..... the cheque aforesaid on its presentation was dishonoured as the petitioner was ..... directed to be present before the learned ..... present .....

B.N. Mehta Vs. Kapoor Agencies and anr.

Court : Himachal Pradesh

Reported in : I(2004)BC99,2003CriLJ2611

..... evidence, summoned the accused to answer the charges under section 138 of the negotiable instruments act (act for short). ..... in that case, the apex court concluded that perusal of section 141 makes it clear that where a company committed an offence under section 138 of the act, then not only the company but also every person who at the time the offence was committed was in charge and was responsible to the company for the conduct of the business ..... the effect of section 141 was that when company is the drawer of the cheque, such company is the principal offender under section 138 of the act and the remaining persons are made offenders by virtue of the legal fiction created by the legislature in accordance with the provisions of that section. ..... in other words, ruled the apex court, that a person other than the company can be proceeded against under section 138 of the act only if that person was in charge and was responsible to the company for the conduct of the business and, therefore, the complaint should be clear and fulfil the requirement ..... an objection, as in the present case, was raised by the accused company on the premise that winding-up proceedings have been ordered by the court on the accused company and, therefore, the prosecution proceedings could ..... chapter xvii of the act provides for penalties in case of dishonour of certain cheques for ..... bazar, a co-operative society will be a company for the purpose of chapter xvii of the act under explanation (a) to section 141 of the act.12. .....

Deepak Arora and anr. Vs. Shri Vijay Khanna

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC340

..... the petitioners have placed on record the following documents:(i) copy of partnership deed dated 26.3.2003(ii) copy of complaint under section 138 of negotiable instruments act, 1881(iii) copy of e-mail dated 6.2.2007(iv) copy of reply addressed to income tax officer(v) copy of bank statements(vi) copy of letter dated 26.5.2008 dissolving partnership firm(vii) copy of notice dated 20.6.200813. ..... transfer of land to non-agriculturists barred- (1) notwithstanding anything to the contrary contained in any law, contract, agreement, custom or usage for the time being in force, but save as otherwise provided in this chapter, no transfer of land (including sales in execution of a decree of a civil court or for recovery of arrears of land revenue), by way of sale, gift, exchange, lease, mortgage with possession or creation of a tenancy shall be valid in favour of a person who is not an agriculturist.24. ..... according to the learned counsel for the respondent, the petitioners have no intention of having the dispute resolved by way of arbitration but the present petition was filed with mala fide intention of obtaining the order of injunction in their favour so as to financially cripple the respondent. ..... shri deepak arora and shri jatinder bir singh (hereinafter referred to as the petitioners) have filed the present petition under section 9 of the arbitration and conciliation act, 1996 (hereinafter referred to as the act) against shri vijay khanna (hereinafter referred to as the respondent). .....

Murari Lal Arora Vs. State of H.P.

Court : Himachal Pradesh

..... a body corporate, and includes a firm or other association of individuals; and (b) director in relation to a firm means a partner in the firm.this section is a penal section and creates a vicarious liability, like section 141 of the negotiable instrument act 1881. ..... neeta bhalla : (2005) 8 scc 89 has answered the similar question under section 141 of the negotiable of instruments act on a reference as follows:i) it is necessary to specifically aver in a complaint under section 141 that at the time offence was committed, the person accused was incharge of and responsible for the conduct of the business of ..... at the above provisions of the negotiable instrument act and also section 34 of the drugs and cosmetics act, both sections are para materia10. ..... the above discussion, it can safely be concluded that every person connected with company shall not fall within the ambit of section 34 of the act, which has a marked similarity with the similar provision of negotiable instrument act.13. ..... the present petition has been filed under section 482 of the code of criminal procedure, against the summoning order of the petitioner in case no:93-i of 2007, under the drugs and cosmetics act, 1940; in short 'the act', being the director of m/s arora ..... holding any office or employment in the central government or state government or a financial corporation owned or controlled by the central government or the state government, as the case may be, he shall not be liable for prosecution under this chapter. .....