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Peacock Industries Ltd., Vs. Budhrani Finance Ltd. and State of Mahara ...

Court : Mumbai

Reported in : IV(2006)BC302; 2006(5)MhLj162

..... . (supra) has considered the very question whether the provisions of the negotiable instruments act, 1881 as amended by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 are applicable to the complaints under section 138 of the act which are pending on the date on which the amending act came into force ..... (b) whether the provisions of section 145 of the act, as amended by the negotiable instruments (amendment 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? ..... . accordingly, the negotiable instruments (amendment and miscellaneous provisions) act, 2002 was passed by the parliament and it received the assent of the president on 17.12.2002 by which the amendments to sections 138, 141, 142 in chapter xvii were made and the provisions of sections 143 to 147 were newly inserted in the said chapter ..... . the amendments were also made to some other provisions in the negotiable instruments act, to which in the instant group of the writ petitions we are not concerned and hence reference to those amendments is avoided ..... . these provisions are inserted by amendment to further the object of the negotiable instruments act ..... . the banking, public financial institutions and the negotiable instruments laws (amendment) act, 1988 (66 of 1988) inserted chapter xvii comprising of sections 138 to 142 with effect from 1.4.1989 .....

Subodh S. Salaskar Vs. Jayprakash M. Shah and anr.

Court : Supreme Court of India

Reported in : AIR2008SC3086; 2008(2)ALD(Cri)481; 2008(6)BomCR139; [2008]145CompCas121(SC); (2008)4CompLJ278(SC); 2008CriLJ3953; (2009)1GLR484; JT2008(8)SC637; 2008(11)SCALE42; ].2008AIRSCW5176; AIR2008SC3086; 2008CrLJ3952; 2008LabIC1772; 2008(11)SCALE42; 2008(5)LH(SC)3167

..... whether the proviso appended to section 142 of the negotiable instruments act, 1881 (for short 'the act') inserted by the negotiable instruments (amendment and miscellaneous provisions) act, 2002, is retrospective in operation is the question involved in this appeal which arises out of a judgment and order dated 19.10.2007 passed by the high court of judicature at bombay in criminal writ petition no. ..... as noticed hereinbefore, the proviso appended to clause (b) of section 142 of the act was inserted by the negotiable instruments (amendment and miscellaneous provisions) act, 2002.14. ..... the demand notice to the accused was issued within the stipulated period and the present complaint has been filed within the prescribed period as provided under section 142(b) of the negotiable instruments act, 1881 (as amended) and, therefore, the accused has committed an offence punishable under section 138 read with section 141 and section 142 of the n.i. ..... i say that the accused has committed criminal offences under the negotiable instruments act, 1881 (as amended) and section 420 of the i.p.c. ..... by the impugned order, the high court has quashed the prosecution under section 138 of the negotiable instruments act, 1881 (for short 'the act') and section 420 of the penal code, on the sole ground that the complaint was filed two days after the expiry of limitation. ..... there is nothing in the amendment made to section 142(b) by the act 55 of 2002 that the same was intended to operate retrospectively. .....

Kumudben Jayantilal Mistry Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : I(2008)BC268; 2007CriLJ2182

..... however, in view of the difficulties faced by the complainants and the courts, the legislature has come forward with the negotiable instruments (amendment and miscellaneous provisions) act, 2002 wherein section 142 of the act was amended so as to grant discretion to the court in the matter of condoning delay in filing of the complaint ..... therefore, in the facts and for the reasons discussed hereinabove, it is held that the amendment of section 142 by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 would have retrospective effect at least for the pending cases, and in view of the admitted facts of the case, there was sufficient cause for not making a complaint within the prescribed period, and the court would have been justified in taking cognizance of the complaint after the period of ..... according to the statement of objects and reasons for the negotiable instruments (amendment and miscellaneous provisions) act, 2002, the existing provisions in the act namely, sections 138 to 148 in chapter xvii were found deficient in dealing with dishonour of ..... vehemently argued that, in the facts and circumstances of the case, this court was required to exercise its extraordinary jurisdiction and inherent powers to quash the proceedings of the criminal case in the interest of justice as the court had clearly erred in taking cognizance of the offence in violation of the provisions of section 142 of the negotiable instrument act, 1881 (for short, 'the act'). .....

Ksl and Industries Ltd., (Formerly Known as Krishna Texport Industries ...

Court : Mumbai

Reported in : 2005(1)ALD(Cri)45; 2005(2)ALLMR581; III(2005)BC500; 2005CriLJ1201

..... and reasons of the negotiable instruments (amendment and miscellaneous provisions) act, 2002, as crystallised, is as under:the said provisions in the negotiable instruments act, ..... the act in chapter xvii were inserted in the act by the banking, public financial institutions and negotiable instruments law (amendment) act, ..... and engineers, : 1996crilj1692 , have observed that the object of bringing section 138 of the act on the statute appears to be to inculcate faith in the efficacy of the banking operations and credibility in transacting business on negotiable instruments ..... introduced to prevent dishonesty on the part of the drawer of negotiable instrument to draw a cheque without sufficient funds in the account maintained by him in a bank and induce the payee or holder in due course to act upon it. ..... in the act as a result of strong public opinion for inculcating faith in the efficacy of banking operations and credibility in transacting business on the basis of negotiable instruments. ..... under section 138 of the negotiable instruments act, 1881 (for short, 'the act'). ..... to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which 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 .....

Abdurehiman Vs. Sethu Madhavan

Court : Kerala

Reported in : II(2007)BC688; 2006(4)KarLJ33

..... 142 of the act by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 (act 55 of 2002). ..... note of the recommendations and other relevant factors introduced the negotiable instruments (amendment) rule, 2001 in ..... in the statement of objects and reasons of act 55 of 2002 it has been stated that the existing provisions in the negotiable instruments act, 1881 namely, sections 138 to 142 in chapter xvii have been found ..... 142 of the negotiable instruments act, as amended, is extracted below ..... muraleedharan, the counsel appearing for the respondent-complainant on the other hand contended that under the proviso to section 142(b) of the negotiable instruments act the court can take cognizance of a complaint after the prescribed period, if the complainant satisfies the court that he had sufficient cause for not making ..... question as to whether a detailed enquiry giving opportunity to the parties to adduce oral evidence is necessary at the stage of taking cognizance to decide whether the delay deserves to be condoned under section 142 of the negotiable instruments act or whether an adhoc order is to be passed after entertaining the materials available relegating the question to be decided after exhaustive consideration at the final stage.3. ..... state of kerala : 2005(2)klt344 while interpreting section 142 and 138 of the negotiable instruments act however took the view that it would not be proper to deny opportunity to accused to defend the case on the ground of delay which .....

Shivaji Sampat Jagtap Vs. Rajan Hiralal Arora and the State of Maharas ...

Court : Mumbai

Reported in : 2007CriLJ122

..... accordingly, the negotiable instruments (amendment and miscellaneous provisions) act, 2002 was passed by the parliament and it received the assent of the president on 17.12.2002 by which the amendments to sections 138, 141, 142 in chapter xvii were made and the provisions of sections 143 to 147 were newly inserted in the said chapter. ..... the amendments were also made to some other provisions in the negotiable instruments act, to which in the instant group of the writ petitions we are not concerned and hence reference to those amendments is avoided. ..... of considerable significance, raised in this writ petition, is that whenever any magistrate, after having heard and recorded the whole or any part of the evidence in a case under section 138 of the negotiable instruments act, 1881 (for short 'the act') ceases to exercise jurisdiction therein, either on account of his transfer or retirement, and is succeeded by another magistrate, whether in view of the provisions contained in section 143 of the act, the succeeding magistrate requires to hold a denovo trial as contemplated under section 326(3) of the .....

Abasaheb Yadav Honmane and Ashwini Abasaheb Honmane Vs. the State of M ...

Court : Mumbai

Reported in : 2008(2)MhLj856

..... felt the necessity to make the offence compoundable and thus inserted section 147 by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 (act 55 of 2002). ..... compounding of an offence signifies that the person against whom an offence has been committed has received some gratification to an act as an inducement for his abstaining from proceeding further with the case.earlier, an offence punishable under section 138 of the negotiable instruments act was not compoundable and it was so held by the courts. ..... 2008crilj805 , the supreme court while dealing with an offence under section 138 of the negotiable instruments act observed as under:11. ..... there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of the aggrieved party.7. ..... their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, (2) where the uncontroverted allegations made in the fir or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused, (3) where there is an express legal bar engrafted in any of the provisions of the code of criminal procedure or the act concerned to the .....

Mandvi Co-op. Bank Ltd. Vs. Nimesh B. Thakore

Court : Supreme Court of India

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)

..... difficult to see that sections 142 to 147 lay down a kind of a special code for the trial of offences under chapter xvii of the negotiable instruments act and sections 143 to 147 were inserted in the act by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 to do away with all the stages and processes in a regular criminal trial that normally cause inordinate delay in its conclusion and to make the trial procedure as expeditious as possible without in any way compromising on the right of the accused for a fair trial.18. ..... negotiable instruments act was amended first by the banking public financial institutions and negotiable instruments laws (amendment) act, 1988 and a second time by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 ..... the provisions of section 145 of the act, as amended by the negotiable instruments (amendment 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 ..... was urgently required and the legislature took action by introducing further amendments in the act by the negotiable instruments (amendment and miscellaneous provisions) act, 2002. ..... of the issues it would be necessary to examine the relevant legal provisions and to ascertain the object and reasons for which those provisions were brought into existence by making amendments in the negotiable instruments act, 1881. .....

Damodar S. Prabhu Vs. Sayed Babalal H.

Court : Supreme Court of India

..... the negotiable instruments act, 1881 was amended by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 which inserted a specific provision, i.e ..... this aspect and inserted section 147 by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 (act 55 of 2002). ..... - 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 the account of ..... chapter xvii comprising sections 138 to 142 was inserted into the act by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 (66 of 1988). ..... section 147 of the negotiable instruments act, 1881 is in the nature of an enabling provision which provides for the compounding of offences prescribed under the same act, thereby serving as an exception to the general rule incorporated in sub-section (9) of section 320 of the crpc which states that `no offence shall be compounded except as ..... at this point, it would be apt to clarify that in view of the non-obstante clause, the compounding of offences under the negotiable instruments act, 1881 is controlled by section 147 and the scheme contemplated by section 320 of the code of criminal procedure [hereinafter `crpc'] will not be applicable in the strict sense since the latter is meant for the specified offences .....

Sri. Ashok Kumar Vs. Dr. T.R. Bhageerathi

Court : Karnataka

Reported in : 2009CriLJ221; ILR2008KAR3865; 2009(1)KarLJ17; ILR2008(3)Kar3865; 2008(4)KCCR2500; 2008(6)AIRKarR219

..... further by the negotiable instruments (amendment and miscellaneous provisions) act 2002 (act no. ..... the banking, public financial institutions and negotiable instruments laws (amendment) act 1988 (act no. ..... 289/2005 on the file of judicial magistrate, i class, bagepalli, taking cognizance of the offence punishable under section 138 of negotiable instruments act (for short 'the act') and issuing process to the petitioner.2. ..... he contended that under section 142 of the negotiable instruments act only the payee or holder-in-due-course are competent to maintain a petition for the offence punishable under section 138 of negotiable instruments act. ..... in this context reference has to be made to section 118(g) of the act which contains a mandate that until the contrary is proved the holder of a negotiable instrument shall be presumed to be a holder in due course. ..... section 118(g) of the act specifies that holder of a negotiable instrument is a holder in due course ..... for the offence punishable under section 138 of negotiable instruments act. ..... for the offence punishable under section 138 of the negotiable instruments act. ..... the legal representatives of a payee or holder in due course are entitled to the legal possession of the instrument and further to receive and recover the amount covered under the instrument from the drawer. ..... section 8 of the act defines 'holder' means any person entitled in his own name to the possession thereof and to receive or recover the amount under the instrument from the drawer. .....