Judgment Search Results Home > Cases Phrase: negotiable instruments amendment and miscellaneous provisions act 2002 Court: jharkhand Page 1 of about 13 results (0.121 seconds)

Bishnu Dayal Gupta and ors. Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : IV(2004)BC84

..... this criminal miscellaneous petition has again been preferred by these petitioners to quash the order of the revisional court who has directed that the charges are made out under section 138 of the negotiable instruments act and under section 420, ipc to be framed against ..... thus, the plea taken by the petitioners that mandatory provisions of section 138 of the negotiable instruments act have not been complied with has no leg to ..... when considered the merit of the case and the order dated 19.3.2002, passed by the magistrate which was confirmed by the learned revisional court ..... a settled principle of law that charge can be amended later on also when evidence is so produced.6. ..... grounds it was submitted that the impugned order dated 19.5.2002, passed by the learned revisional court and order dated 19.3.2002, passed by the magistrate in complaint case no. ..... by order dated 19.3.2002, he ordered that charges be framed against these petitioners and directed them to be present physically on 26.4.2002. ..... 46/1999 and further to set aside the order dated 19.3.2002, passed by ..... ranchi, whereby and whereunder, he dismissed the revision application which was preferred against the order dated 19.3.2002, passed by ..... 380/2002 has been filed in the court of the learned sub-judge ..... 41/ 2002 dismissing the revision application filed by these petitioners, i find that there are sufficient materials to frame charge against there petitioners as found by the magistrate after examining five witnesses produced by the .....

Samir Gupta Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : 2007(2)BLJR881; [2007(2)JCR283(Jhr)]

..... order dated 10.1.2005, whereby and whereunder, cognizance of the offence under section 138 of the negotiable instrument act, 1881 (in short n.i. ..... insufficient 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 provisions of this act, be punished with imprisonment for {a term which may be extended to two years}, or with ane which may extend to twice the amount of the cheque, or with both:provided that nothing contained ..... of the said amount of money by giving a notice in writing to the drawer of the cheque, {within thirty days} of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt ..... act 1881 is purely technical in nature which gives rise to criminal liability subject to different provisos of section 138 and provisions of section 142 of the act ..... 2 was required to give notice within 30 days of such return of the cheque as unpaid to the drawer of the cheques and when the drawer of such cheques fails to make payment of the, said amount to the complainant (payee) within 15 days of the notice, the complainant (payee) was required to file complaint within ..... act by act 55 of 2002 .....

Ajay Kumar Agarwal and anr. Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : 2003(2)ALT(Cri)4; II(2003)BC517; 2003CriLJ3088; [2003(2)JCR178(Jhr)]

..... a substituted complainant cannot be said to be the 'holder in due course' as defined under the provisions of section 9 of the negotiable instruments act. ..... his business house cannot be frustrated by technicalities of the definitions as recorded in the negotiable instruments act because his own business house also must be deemed to be beneficiaries of the cheques and therefore his son will also be deemed to be the 'holder in due course'. ..... under section 482 of the code of criminal procedure, except to state that upon registration of the petition of complaint by the additional chief judicial magistrate, koderma under sections 420, 468 and 120b of the indian penal code read with section 138 of the negotiable instruments act, the complaint was dismissed for being time barred on 3.8.2000. ..... petition for acquittal and discharge was that the complainant had died on 6.6.2001, and that cognizance under section 138 of the negotiable instruments act was barred by ..... of the sons of the deceased complainant, namely, rakesh kumar jain filed an application (annexure 4) wherein he prayed that he being the legal representative and sole heir of the deceased complainant and also being legally entitled to continue in place of his father necessary orders be passed permitting him to continue with the case on his behalf, namely, ..... taking cognizance, filed criminal miscellaneous no. ..... 2002 before the learned sessions judge, koderma and that criminal revision application was dismissed by him by order dated 6.6.2002 .....

Dulal Chakraborty Vs. the State of Jharkhand and anr.

Court : Jharkhand

Reported in : II(2007)BC166

..... provision has been laid down under section 142 of the said act whereby and whereunder certain amendment was made by amending act of 2002 ..... whereby and whereunder the cognizance of the offence was taken under section 138 of the negotiable instrument act, 1981 (hereinafter to be referred as the 'act') against the petitioner and he ..... by bringing about amendment of the amending act of 2002 tenure of punishment was increased and at the same time the period for issuance of notice by the payee to the drawer was increased ..... amended to provide diseretion to the court to waive the period of one month, which has been prescribed for taking cognizance of the case under the act (amendment act of 2002 ..... accused-petitioner on 1.9.2004 but the complaint was filed on 8.10.2004 i.e after expiry of 38 days of the service of legal notice and in this manner the mandatory provision of law as laid down under section 142(b) as well as 138(c) of the said act was not followed and therefore, cogni/ance taken by the chief judicial magistrate, raneni in the present case is illegal, without jurisdiction and is lit to be set aside. ..... in case of dishonoured of the cheque the penal provision as well as procedure has been envisaged under section 138 of the said act as contained in chapter xvii of the act but there are certain provisos of the said act as follows:(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 .....

Hare Ram Singh and ors. Etc. Etc. Vs. the Bihar State Co-operative Mil ...

Court : Jharkhand

Reported in : 2008(56)BLJR595; AIR2008Jhar86(FB)

..... he shall have powers for and on behalf of the federation to endorse, sign, negotiate cheques and other negotiable instruments on behalf of the federation. ..... all such arrangements, take all such proceedings and do all such acts and things, as may be necessary or proper, for the due management of the federation and for carrying out the objects for which the federation is established and for securing and furthering its interests subject to the provisions of the act, or such act as shall hereafter take its place, and to anys which may be passed by the state government in pursuance of the said act and subject also to these bye-laws, the following ..... (vii) amended bye-laws:the board shall hold office for one full term as per the co-operative act, provided that the first board of directors shall be a nominated board consisting of the following:1. ..... 444 dated 4th june, 2002, (annexure - 5) issued by the authorities or by government of jharkhand and the order dated 5th november, 2002, passed by the registrar, co-operative society, communicated vide letter no. ..... (vi) amended clause:two nominees of the state government as under:(a) milk commissioner(b) a representative of the state finance department.20.1.2. .....

Hare Ram Singh Etc. Vs. Bihar State Co-operative Milk Producers Federa ...

Court : Jharkhand

Reported in : [2008(1)JCR13(Jhr)]

..... . he shall have powers for and on behalf of the federation to endorse, sign, negotiate cheques and other negotiable instruments on behalf of the federation ..... make all such arrangements, take all such proceedings and do all such acts and things, as may be necessary or proper, for the due management of the federation and for carrying out the objects for which the federation is established and for securing and furthering its interests subject to the provisions of the act, or such act as shall hereafter take its place, and to any rules which may be passed by the state government in pursuance of the said act and subject also to these bye-laws, ..... the following powers and authorities are given to and conferred upon ..... 444 dated 4th june, 2002, (annexure-5) issued by the authorities or by government of jharkhand and the order dated 5th november, 2002, passed by the registrar, co-operative society, communicated vide letter no. ..... . (vii) amended bye-laws ..... . (vi) amended clause .....

Shiv Kumar Shah ? Mantu and Ors. Vs. State of Jharkhand and Anr.

Court : Jharkhand

..... in the case under reference, parallal proceedings were going on inasmuch as a case under section 138 of the negotiable instruments act as well as a case under the provision of indian penal code was instituted and no role or participation in the alleged offence by some of the family members were alleged leading to the quashing of the criminal case. ..... the said case is not applicable in the present case since this case does not arise out of a complaint instituted under section 138 of the negotiable instruments act, rather the informant has focused on the allegation of cheating and criminal breach of trust so as to attract the provisions of the indian penal code. ..... 1 were dishonoured, the remedy available to the informant was to have filed a complaint under the provisions of section 138 of the negotiable instrument act. ..... in the high court of jharkhand at ranchi criminal miscellaneous petition no. ..... 1636 of 2001 including the order dated 13.03.2002 passed by the learned chief judicial magistrate, jamshedpur by which cognizance has been taken for the -2- offence under sections 467, 468, 406, 420 and 120 (b) of the indian penal code.3. ..... after investigation, charge-sheet was submitted against the petitioners and thereafter vide order dated 13.03.2002 passed by the learned chief judicial magistrate, jamshedpur cognizance was taken for the offences under sections 467, 468, 406, 420 and 120 (b) of the indian penal code.5. ..... 282 of 2002 --- 1. .....

Arun Jaiswal and Anr. Vs. State of Jharkhand and Anr.

Court : Jharkhand

..... 297 of 2002 including the order dated 23.08.2002 passed by the judicial magistrate, ranchi in which cognizance has been taken for the offences punishable under section 138 of the negotiable instruments act and section 420 of the indian ..... complainant was examined on solemn affirmation and after examination of his witnesses, cognizance was taken under section 138 of the negotiable instruments act and section 420 of the i.p.c.5. ..... complaint petition prima-facie reveals an offence under section 420 of the indian penal code and section 138 of the negotiable instruments act. ..... he has further submitted that the bona-fide intention of the accused persons petitioners would be evident from the fact that in consonance to the transactions between the petitioners and the complainant, amounts used to be paid and in fact petitioners had all along intended to make payment, but the filing of the complaint case in haste by the complainant made a hindrance to their intention to ..... he has further submitted that the complaint petition would reveal that there was an intentional act on the part of the -3- petitioners to direct the bank to stop payment, as such the claim of the counsel for the petitioners that no means rea is made out from the complaint petition is devoid of ..... , in my view no ground has been made out by the petitioners so as to warrant interference by this court by invoking the provisions under section 482 of the cr.p.c.8. ..... high court of jharkhand at ranchi criminal miscellaneous petition no. .....

Mrs Rita Kumari Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... proceeding of complaint case no.c/1-123 of 2012 including the order dated 18.02.2012 passed by learned judicial magistrate, 1st class, jamshedpur taking cognizance of offence under section 138 of the negotiable instrument act (in short the act ).2. ..... cognizance of the offence considering prima facie material on record, hence, at the very threshold, the entire complaint case cannot be thrown out on the mere endorsement of the postal peon always door locked and the same in view of the mandates given by the hon ble supreme court in the above case that the effect of the endorsement shall be considered during trial, i am not inclined to ..... the complainant-sanjay kumar, the aforesaid case was instituted with the allegation that the complainant had booked flat no.310 in durga sui estate, kalimati, jamshedpur for a total consideration amount of rs.17,02,000/- and the complainant out of the said total consideration amount paid a sum of rs.6,60,000/- to the accused-petitioner who was one of the partner of kailash construction, the builder who was engaged in ..... on mere reading of the aforesaid two provisions, it is clear that on the part of the payee, he has to make a demand by giving a notice in writing and after receiving the notice if the accused or the drawer failed to pay the cheque amount within 15 days from the date of such giving a notice cause ..... miscellaneous ..... ; (2002) 9 scc415and contended that when the complainant has nowhere disclosed in the complaint petition that demand notice has .....

Shailendra Kumar Gupta Vs. The State of Jharkhand

Court : Jharkhand

..... divorce and child custody and visitation rights, grant of letter of administration and succession certificate and simple suits for rent or for eviction (upon notice under section 106 of the transfer of property act) track 2 may consist of money suits and suits based solely on negotiable instruments. ..... relates to proceeding of expeditious disposal of money suits before the district courts, so attention is drawn to this court of the provision of jharkhand high court case management in the subordinate courts rule, 2006 and the provision of order viii rule 1 c.p.c and section 89 of c.p.c for expeditious disposal of money claims which has been reflected from the entire order sheet of the ..... on the filing of report by the mediator under the mediation rules that efforts at mediation have failed, or a report by the conciliator under the provisions of the arbitration and conciliation act, 1996, or a report of no settlement in the lok adalat under the provision of the legal services authorities act, 1987 the suit shall be listed before the registry within a period of 14 days ..... . miscellaneous applications the proceedings in a suit shall not be stayed merely because of the filing of miscellaneous application in the course of suit unless the court in its discretion expressly things it necessary ..... . adjournments the amendments to the code have restricted the number of adjournments to three in the course of hearing ..... prescribed under the alternative dispute resolution and mediation rules, 2002. 6 .....