Negotiable Instruments Act 1881 Section 128 - Judgment Search Results

Ramesh Goyal vs.state & Anr.

Court: Delhi

is held guilty and convicted for offence under Section 138 Negotiable Instruments Act, 1881.20. This matter shall be listed for hearing ingredients of the offence under Section 138 of the Negotiable Instruments as under:-"(i) a person must have drawn a cheque on make the payment thereby giving rise to the cause of action for complaint to be instituted.4. The complainant led evidence by and convicted for offence under Section 138 Negotiable Instruments Act, 1881.20. This matter shall be listed for hearing on the question at hand, submitted with the leave of the court, under Section 378(4) Cr. PC, obtained on 01.02.2017. Crl. A. 128/2017 Page was made or drawn on such date; xxx Crl. A. 128/2017 Page 6 of 11 (g) that holder is a holder

Shri Satish Chand Singhal Vs. the State of Gujarat and ors.

Court: Gujarat

Reported in: IV(2007)BC362; 2006CriLJ3854; (2006)3GLR2209

that quashing of proceedings initiated under Section 138 of the Negotiable Instruments Act, 1881 in exercise of power under Section 482 of deeming fiction incorporated in Section 141 of the Negotiable Instruments Act, 1881, it was not necessary for the original complainant is a company registered under the provisions of the Companies Act, 1956. The respondent No. 3 purchased cotton bales from the serve notice under Section 138 of the Negotiable Instruments Act, 1881, on the Director of the Company, who was in-charge of which provide criminal remedy of penalty if the ingredients of Sections are satisfied. Again in Monaben Ketanbhai Shah and Anr. v. No. 129/99, Criminal Case No. 127/99 and Criminal Case No. 128/99 instituted by the respondent No. 2 in the Court of

Kavikumar Spinning Mills Pvt.Ltd. Venkasapuram, Coimbatore Through Its ...

Court: Chennai Madurai

as a bill of exchange. As per 6 of the Negotiable Instruments Act, 1881, cheque is also a bill of exchange. put his signature. As per section 5 of the Negotiable Instruments Act, 1881, cheque is a bill of exchange and every attract penal provision of Section 138 of the Negotiable Instruments Act. The Courts below have failed to look into the same. 20. As per section 5 of the Negotiable Instruments Act, 1881, every bill of exchange should be signed by the maker. such persons are sought to be made criminally liable under section 141 for offence committed by companies, such person should be

Pramod Gupta and anr. Vs. Anz Grindlays Bank and anr.

Court: Delhi

Reported in: 1999IIIAD(Delhi)180; 79(1999)DLT16; 1999(49)DRJ803

by the 18th section of their charter. Said bonds were negotiable, and were made payable in twenty-five years from date, with holders, the coupons are deprived of the character of negotiable instruments, but where the reservation relates merely to procedure under the in the 11th section of the Act of 1789, 'The action must not only be founded on a chose in action, of the promissory note in his favor by B.'86. The 1881 Act clearly states that who would be entitled to the filing of the Company Petition filed by the Bank under Section 111 of the Companies Act, 1956, hereafter called the '1956

M/s. Al Rostamani International Exchange, Represented by its Head Inte ...

Court: Chennai

to contend that no title would pass on if a negotiable instrument has been obtained by playing fraud as per Section the Scope of Sections 11 and 12 of the Negotiable Instruments Act, 1881, (hereinafter shortly referred to as 'N.I.Act') which pave trap him into snares'. It has been defined as an act of trickery or deceit. In Webster's Third New International Dictionary of Sections 11 and 12 of the Negotiable Instruments Act, 1881, (hereinafter shortly referred to as 'N.I.Act') which pave way to counsel for the appellant? Submission is the word 'court' under section 155 would only mean Company Judge and he alone would 730) (xvi) C.Somayya v. E.V.ChinniahKonar (Madras High Court) [1989 LW 128). By contending so and placing reliance on the above judgments,

Ashok Mahansing Bajaj H.U.F. Vs. Elegant Pharmaceuticals Ltd. and Othe ...

Court: Mumbai

Reported in: 2000(2)ALLMR242; 2000(3)BomCR169; (2000)1BOMLR968; 2000(2)MhLj855

liable as the principal debtor under section 37 of the Negotiable Instruments Act and section 22 cannot operate against the 2nd as the principal debtor under section 37 of the Negotiable Instruments Act and section 22 cannot operate against the 2nd defendant such company or any instrument having effect under the said Act or under law.(a) it shall not be lawful for the been sued accordingly. Section 37 of the Negotiable Instruments Act, 1881 provides in unequivocal terms that drawer of bill of exchange of the Sick Industrial Companies (Special Provisions) Act, 1985. The section before its amendment provided that no proceedings for winding up the legislation has also to be borne in mind. Section 128 makes the liability of the surety co-extensive with that of

Mr.M.Palanichamy. Vs. Union of India and ors.

Court: Chennai

cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act. In the reported case, all the five acts bills, issuance of notice under Section 138 of the Negotiable Instruments Act, and the place of business, location of the registered which has jurisdiction to the offence under Sec.138 of the Act shall be, "1) the place where the cheque has been drawn; 2) a complaint under Section 138 of the Negotiable Instruments Act, 1881, depends upon various factors such as, location of both the is taken care of by the statutory provisions adumbrated under section 177 of the Code, which prescribes,"Every offence shall ordinarily be of the Court." 9. In Read v. Brown (1888) 22 QBD 128 Lord Esher, M.R., adopted the definition for the phrase "cause

i.C.D.S. Ltd. Vs. Beena Shabeer and anr.

Court: Supreme Court of India

Reported in: AIR2002SC3014; 2002(2)ALD(Cri)481; 2002(4)ALLMR(SC)270; 2002(2)ALT(Cri)372; 2002(4)AWC781(SC); III(2002)BC310(SC); 2002(3)BLJR1962; 2002(6)BomCR20; (SCSuppl)2002(4)CHN194; (2002)6SCC426

the mandatory provisions laid down in Section 138 of the Negotiable Instruments Act is crystal clear that when a cheque has liability and the complaint under Section 138 of the Negotiable Instruments Act, 1881, thus cannot be maintained.9. As noticed hereinbefore the 2.9.1998 as contemplated under Section 138 of the Negotiable Instruments Act, calling upon the respondent No. 1 to pay the amount the situation ourselves. Section 138 of the Negotiable Instruments Act, 1881 reads as below:' 138. Dishonour of cheque for insufficiency, etc., discharging any debt or liability and as such complaint under Section 138 cannot be maintainable.10. The language, however, has been rather of arguments have made elaborate submissions on Sections 126 and 128 of the Contract Act, but in our view, by reason

Samiyappan Vs. S. Sarmila Banu

Court: Chennai

only as security, the provision of Section 138 of the Negotiable Instruments Act are not at all attracted and hence, the noted that the strict liability under Section 138 of Negotiable Instruments Act, 1881 could be enforced only when the cheque was a case where the provisions under Section 138 of the act will not apply. A reading of the agreements between the the strict liability under Section 138 of Negotiable Instruments Act, 1881 could be enforced only when the cheque was issued in How will petitioner no.1 be guilty of an offence under Section 138 of the Act has not been explained. He cannot of arguments have made elaborate submissions on Sections 126 and 128 of the Contract Act, but in our view, by reason

Preetesh Kumar Vs. The State of Telangana and Another

Court: Andhra Pradesh

not apply to the proceedings under Section 138 of the Negotiable Instruments cases and confirmed the order passed by the revisional Cr.P.C. not otherwise. 9. Section 33 provides for impounding of instruments not duly stamped but the proviso thereto makes exception in supra. Therefore, the interpretation to the provisions of the Stamp Act, as laid down by the Apex Court in the judgments offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short the Act ). The 2nd respondent is the 1898(Chapters 9 and 10 of Cr.P.C., 1973); Proviso (d) to Section 35 permits the Magistrate to receive any document and admit maintenance of public order and tranquility covering Sections 125 to 128 and 129 to 148 Cr.P.C. respectively. Therefore, in the proceedings