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PLRonline.in

Negotiable Instruments Act

NIA S. 138 – Compounding – Though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the offence, the courts cannot compel the complainant to give ‘consent’ for compounding of the matter – On facts – Quashed.

Negotiable Instruments Act

[SC] NIA S. 138 – Loan availed at P – In order to harass the petitioner, the cheque was presented in the banks Branch at C – Proceedings can not continue at C. [213 PLR 612]

Negotiable Instruments Act

Negotiable Instruments Act, 1881 – S. 138 – Loan agreement executed at Hyderabad – Cheque was issued at Hyderabad – Respondent/Complainant Financial institutions have their offices at Hyderabad – Entire cause of action for filing the present complaints under S. 138 has accrued at Hyderabad – Yet the complaint has been submitted before the Court at Calcutta, Jaipur and Gurugram only to harass the petitioners – Stay of further proceedings. [#PLRonline]

February 18, 2024

Negotiable Instruments Act

NIA S. 118(a) – When the pronote and receipt have been proved – Plaintiff is not further required to prove his capacity to make the said payment. (ID# 214001)

February 18, 2024

Home Category Criminal Negotiable Instruments Act

Negotiable Instruments Act

Judicial restraint – Practice of summoning officers , deprecated

Negotiable Instruments Act

NIA S. 138 – Amendment of complaint

August 10, 2021

Complaint filed by proprietary concern through its proprietor During pendency of trial entire running business of proprietary concern taken over...

Judicial restraint – Practice of summoning officers , deprecated

Negotiable Instruments Act

NIA S. 142- Jurisdiction – Where the cheque is delivered for collection

August 10, 2021

Section 142(2)(a), amended through the Negotiable Instruments (Amendment) Second Ordinance, 2015, vests jurisdiction for initiating proceedings for the offence under...

Judicial restraint – Practice of summoning officers , deprecated

Negotiable Instruments Act

NIA S. 138 – Jurisdiction – It is one thing to maintain details of loan accounts centrally by the bank, but, it is quite different to insist on such administrative modality to be used for the purpose of ousting jurisdiction of the court, which otherwise would get or to confer jurisdiction upon the Court, when in fact it did not exist.

August 10, 2021

Para2.2 The firm Sidharth Exports made a loan agreement bearing No.152532177 dated 31.07.2016 with Kotak Mahindra Bank Ltd. with personal...

Judicial restraint – Practice of summoning officers , deprecated

Negotiable Instruments Act

NIA S. 138 – Jurisdiction

August 10, 2021

Para24. Let me give an example to understand the jurisdiction according to the amendment: "(1) 'A' holds an account with...

Judicial restraint – Practice of summoning officers , deprecated

Negotiable Instruments Act

NIA S. 142 – “through an account”

Para 38. Thus, although the cheques issued by the accused were collected by the complainant at New Delhi and were...

Judicial restraint – Practice of summoning officers , deprecated

Negotiable Instruments Act

NIA S. 138 – Essential Ingredients

August 10, 2021

The essential requirements to attract section 138, Negotiable Instruments Act are: (a)The cheque for an amount is issued by the...

Judicial restraint – Practice of summoning officers , deprecated

Negotiable Instruments Act

NIA S. 138 – Validity of cheque – Enforceable debt

August 10, 2021

Cheques issued before determination of debt, before adjudication of debt if cheques are obtained – complaint not maintainable. Accused no....

Judicial restraint – Practice of summoning officers , deprecated

Negotiable Instruments Act

NIA S. 138 – Validity of Cheque

August 10, 2021

Negotiable Instruments Act 138 held, provisions of S. 138 of Negotiable Instruments Act are enacted taking into consideration of currency...

Judicial restraint – Practice of summoning officers , deprecated

Negotiable Instruments Act

NIA S. 138 – Object & Purpose

August 10, 2021

Para 3. The Act was enacted and Section 138 thereof incorporated with a specified object of making a special provision...

Judicial restraint – Practice of summoning officers , deprecated

Negotiable Instruments Act

NIA S. 138 – Object & Purpose – Amendment

August 10, 2021

The Negotiable Instruments Act was amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act 1988 wherein...

Judicial restraint – Practice of summoning officers , deprecated

Negotiable Instruments Act

NIA S. 138 – Object & Purpose – Undoubtedly, dishonour of a cheque by the bank causes incalculable loss, injury and inconvenience to the payee and the entire credibility of the business transactions within and outside the country suffers a serious setback.

August 10, 2021

The object and the ingredients under the provisions, in particular, Sections 138 and 139 of the Act cannot be ignored....

Negotiable Instruments Act

NIA S. 138 – Object & Purpose

August 10, 2021

The object of bringing Section 138 on statute appears to be to inculcate faith in the efficacy of banking operations...

Supreme Court Online

Negotiable Instruments Act

NIA S. 138 – Object & Purpose

August 10, 2021

Object & Purpose: The object of this amendment Act is:, 1. To regulate the growing business, trade, commerce and Industrial...

CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

IPC S. 174 – Cheque bouncing – Proclaimed person

Cheque bouncing - Proclaimed person - FIR lodged under section 174A Negotiable Instruments Act, 1881 (26 of 1881), Section 138...

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