To attract the provisions of section 138 ni act, the cheque should be presented with the bank on which it i drawn- if the cheque is not presented to the bank on. Many a times the drawer, to escape his debt or liability has used it as an instrument of deception the 1988 amendment in section 138 of ni act. Sec138 of niact – prosecution to (looks like law supports defaulters) it is highly painful that even cases of 138 under ni act are dragged for years. Ni 138 is an offence which has a criminal nature but with due diligence and due care one can easily sail through it the ni 138 act is today being widely misused.
Can i file a case under section 420 ipc and section 138 as well bounced and i have filed a 138 ni case penal code along with a section 138 ni act. News details october 09, 2017 supreme court: section 138 of the ni act is self-contained crpc is not applicable to dishonour of cheques 2 ni act, section 138:. Sc provides relief to the holders of bounced cheques under the provisions of the negotiable instruments act supreme court changes ground rule under section 138. Complaint against cheque dishonour that the accused is guilty of an offence under section 138 of the negotiable instrument act,.
Section 138 of the negotiable instruments act, presumption with regard to guilt of a person accused of dishonour of cheque under section 138 of the ni act,. 1 in the court of the addl chief judicial magistrate, barpeta ni case no 10/12 u/s 138 of ni act present : md abdul. Security cheques are the cheques only like any other cheques and they create same liability to discharge as if they are the ordinary cheques and attract the provisions of ni 138 when they are dishonored. The negotiable instruments act, 1881 act no 26 of 1881 [9th december, 1881] an act to define and amend the law relating to promissory notes, bills. Kindly go through the supreme court judgement about u/s 138 ni act court: supreme court brief: : the instant appeal is directed against judgment dated november 23, 2006, rendered by the learned single judge of punjab and haryana high court, in criminal appeal no 946 sba of 2004, by which the judgment dated.
Full text containing the act, negotiable instruments act, 1881, with all the sections, schedules, short title, enactment date, and footnotes. Concurrent proceedings under s420 ipc and s 138 negotiable instrument act the most significant of which is that in the prosecution under section 138 ni act,. When the cheque was dishonoured, the complainant, mr j thomas (“respondent”), lodged a complaint under section 138 of the ni act against the appellant. Cases under sec 138 n i act to bring persons within the purview of sec 138 ni act there must be an allegation prima facie disclosing of commencement.
Dear friends can any one advice me any citation for as that i have filed a case of 138 ni act against mr a after getting bail and during trial mr a accept on hi. Section 138 of the negotiable instruments act, 1881 (ni act), deals with the offence pertaining to dishonour of cheque for insufficiency of funds, stop payment etc, in. Section 138 of the negotiable instruments act: advent of cheques in the market have given a new dimension to the commercial and corporate world, its time when people have preferred to carry and execute a small piece of paper called cheque than carrying the currency worth the value of cheque. Notice section 138 ni act hindi, income tax, goods and services tax, gst, service tax, central excise, custom, wealth tax, foreign exchange management, fema, delhi value added tax, dvat, sez, special economic zone, llp, limited liability partnership firm, trust, society, company laws, dtaa, notifications, circulars, case laws. I have a case under metropolitian magistrate court for cheque bounce under section 138 ni i have completed the process of recall and the court has asked me.
Reportable in the supreme court of india criminal appellate jurisdiction criminal appeal no963 of 2010 [arising out of slp (crl) no 6369 of 20. A subsequent case under sec 420 i case u/s420 ipc not barred if prior case u/s138 ni act pending -sc published on february 20, 2015 february 20, 2015 . Negotiable instruments act, 1881 five of the offence under section 138 edit it is manifest that to constitute an offence under section 138 of the act,. How to file complaint under section 138 of negotiable instruments act against return of cheque time limit to file criminal complaint and proceedures.
Is there a shift in the recent judgments of apex court in cheque bouncing cases under ni act the main objective of sections 138- 147 of the ni act is to ensure.