1. Sukumara Pillai S/o. Krishna Pillai VS Baburaj, S/o. Vasudevan - 26 May 20

The omission on the part of a lawyer to put his signature in the lawyer notice issued under Clause (b) of proviso to Section 138 of the Negotiable Instruments Act, cannot be treated as a defective notice.

The above case was filed by the appellant against the 1st respondent for prosecuting him under Section 138 of the Negotiable Instruments ... As stated above, Clause (b) of proviso to Section 138 of the Negotiable Instruments/span

India - Kerala

2. Pawan Kumar Ralli VS Maninder Singh Narula - 11 Aug 14

IMPORTANT POINTSection 138 of the Act does not prescribe any specific form of notice, but mandates that it should be issued in writing within thirty days of receipt of information from the banker about the dishonour of Cheque, with a demand to the drawer for making payment of the said amount.

(i) Negotiable Instruments Act, 1881 — Section 138, , 1881 — Section 138 — Notice — Held — Act does not prescribe any specific form of notice. ... [Para 18] ... (iii) Negotiable Instruments ... was inserted by the Negotiable Instruments (Amendment and Miscellaneous Provisions) span id="60000650600200004" name="60000650600200004 ... Act, 1881 (hereinafter referred to as ‘the Act’) against the respondent. ... and there was a delay of 25 days in filing the Complaint under the provisions of the Act.

India - Dishonour Of Cheque

3. Gujarat Gas Financial Service Ltd. VS State of Gujarat - 16 Nov 10

Constitution of India, 1950 - Articles 226, 227 - Code of Criminal Procedure, 1973 -Section 482 - Negotiable Instruments ... Act, Court - As Criminal Cases for offence under Section 138 of Negotiable Instruments Act are pending since 1999, all concerned ... prayed for an appropriate writ, direction or order quashing and setting aside orders passed by Metropolitan Magistrate, Negotiable Instruments ... When the criminal cases under Section 138 of the Neotiable Instruments span onClick ... Act (hereinafter referred to as "NI Act"). ... in early disposal of the criminal cases as though more than 11 years have passed, the criminal cases under Section 138 of the N.I,

India - Gujarat

4. Willard India Ltd. VS State - 08 Apr 05

(1)Filing of complaint and taking cognizance are two different acts.(2)Provisions of Cr.P.C. not applies to matters covered under Section 142 of Negotiable Instruments Act.

will not apply in respect of the matters covered by Section 142 of the Act. ... Further the Act has said that the provisions of Cr.P.C. ... Negotiable Instruments Act, 1881—Sections 138, a href=act:359~ ... under Section 138 of the Act. ... Act (hereinafter referred to as the Act.) ... 1929 which created a period of limitation for the offence under that Act, The Child Marriage Restraint Act was much earlier in point

India - Dishonour Of Cheque

5. Hindustan Antibiotics Ltd. and others VS Kirloskar Investments and Finance Ltd. and others - 15 Dec 98

Chapter 18 which includes section 138 was inserted by the Banking Public Financial Institutions and Negotiable ... Instrument Act, 1881.

India - Bombay

6. Visnagar Nagrik Sahakari Bank Ltd. VS State of Gujarat - 19 Dec 11

Negotiable Instruments Act, 1881 - Section 138 - Criminal Procedure Code, 1973 - Section 482 - The impugned ... of the said statutory notice, complaint against the petitioner for the offence under section 138 of the Negotiable Instruments act ... and 13 against Visnagar Nagrik Sahakari Bank Limited, and others for the offences punishable under section 138 of the Negotiable Instruments ... 3 & 13 and others for the offence punishable under section 138 of Negotiable Instruments ... of the said statutory notice, complaint against the petitioner for the offence under section 138 of the Negotiable Instruments act ... Under the circumstances, the requirement of section 138 of the Negotiable Instruments/span

India - Gujarat

7. Upendra Kumar VS Don Finance Corporation - 24 Sep 08

in the Banking Regulations Act, 1949. ... beyond the Banking Regulation Act of 1949. ... Negotiable Instruments Act, 1881 Sections 138, a href=act:359~

India - Dishonour Of Cheque

8. Virendra Kumar Sharma VS State of U. P. - 08 Dec 21

Point of law : Section 145 of NI Act provides that the evidence of the complainant may be given by him on affidavit, which shall be read in evidence in any inquiry, trial or other proceeding, notwithstanding anything contained in the Code. Section 145 (2) of the Act enables the court to summon and examine any person giving evidence on affidavit as to the facts contained therein, on an application of the prosecution or the accused.

Negotiable Instruments Act, 1881 - Section 138, Section 145 – Criminal Procedural Code, 1973 – 482, 200 ... under Sections 200 and 202 Cr.P.C. is not required - Provisions of Section 145 (i) Negotiable Instruments Act, it cannot be said ... may be given by him on affidavit, and for summoning of accused under Section 138 Negotiable Instruments Act, recording of statements ... Further, Section 145 of the Negotiable Instruments Act, 1881, which was introduced by the Parliament by Act No. 55 of 2002 (w.e.f ... The present matter relates to Negotiable Instruments Act and on 2.2.2008, applicant was summoned under Section 138 Negotiable Instruments ... Virendra Kumar Sharma), under Section 138 Negotiable Instruments Act, P.S.

India - Allahabad

9. KSL and Industries Ltd. VS Mannalal Khandelwal - 01 Feb 05

Act in Chapter XVII were inserted in the Act by the Banking, Public Financial Institutions and Negotiable Instruments Law (Amendment ... ... Negotiable Instruments Act, 1881 - Section 145 [as amended by Negotiable ... ) Act, 1988. ... in Chapter XVII were inserted in the Act by the Banking, Public Financial Institutions and negotiable Instruments Law (Amendment ... appears to be to inculcate faith in the efficacy of the banking operations and credibility in transacting business on negotiable ... public opinion for inculcating faith in the efficacy of banking operations and credibility in transacting business on the basis of negotiable

India - Bombay

10. Pine Product Industries VS R. P. Gupta and Sons - 06 Dec 06

Presumption raised under Section 139 of the Negotiable Instruments Act, 1881 is a rebuttable presumption. Once rebutted onus shifts on complainant to establish that cheque in question was issued in discharge of legally enforceable debt or liability.

He submits that, unfortunately, the Courts below held that the presumption raised by virtue of Section 139 of the Negotiable Instruments ... behalf of the Counsel for the parties, I find that there is no difficulty with the proposition that Section 139 of the Negotiable Instruments

India - Dishonour Of Cheque