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Union of India - Section Section 142 in The Negotiable Instruments Act, 1881 142. Cognizance of offences.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)— no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; such complaint is made within one month of the date on which the cause of action arises under clause (c ...
142. Cognizance of offences. 142A. Validation for transfer of pending cases. 143. Power of Court to try cases summarily. 143A. Power to direct interim compensation. 144. Mode of service of summons. 145. ... —[Enactments repealed]. 8 THE NEGOTIABLE INSTRUMENTS ACT, 1881 ACT NO. 26 OF 18811 [9th December, 1881.] An Act to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques. Preamble.—Whereas it is expedient to define and amend the law relating to promissory ...
Apr 4, 2020 · Negotiable Instrument is a legal document, such as a cheque or a bill of exchange, that is freely negotiable. Negotiable Instruments Act, 1881 consists of 17 chapters and 142 Sections. The main purpose of Sections 138 – 142 of the Negotiable Instruments Act, 1881 is to promote or raise to importance the ability to produce the desired effect ...
Jan 9, 2013 · The Negotiable Instruments Act, 1881. 1 [Chapter- XVII Of Penalties in case of Dishonour of certain Cheques for insufficiency of funds in the Accounts . Section 142: Cognizance of offences. 2 [(1)] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),— (a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (b) such ...
Act ID: 188126: Act Number: 26: Enactment Date: 1881-12-09: Act Year: 1881: Short Title: The Negotiable Instruments Act, 1881: Long Title: An Act to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques. ... Section 142. Cognizance of offences. Section 142A. Validation for transfer of pending cases. Section 143. Power of Court to try cases summarily. Section 143A. Power to direct interim compensation. Section 144. Mode of service of summons.
Union of India - Subsection Section 142(1) in The Negotiable Instruments Act, 1881 (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)— no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to ...
Union of India - Subsection Section 142(2)(b) in The Negotiable Instruments Act, 1881 (b) if the cheque is presented for payment by the payee or holder in due course, otherwise through an account, the branch of the drawee bank where the drawer maintains the account, is situated. if the cheque is presented for payment by the payee or holder in due course, otherwise through an account, the branch of the drawee bank where the drawer maintains the account, is situated.
Section 142 of Negotiable Instruments Act 1881: "Cognizance of offences". Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-. (a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course ...
Dec 8, 2022 · The Negotiable Instruments Act, 1881 governs the use of negotiable instruments, including cheques, bills of exchange, and promissory notes. The purpose of Chapter XVII, which contains Sections 138 to 142, was to foster trust in the effectiveness of banking operations and lend legitimacy to the negotiable instruments used in commercial transactions.
Section 142 Negotiable Instruments Act Description (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), (a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138: Provided that ...
Section 142(b) of the NI Act, the respondent would be at liberty to seek the benefit of the proviso by satisfying the trial court of sufficient cause for the delay in instituting the complaint. 11 In the event that the second complaint is filed within a period of two months from the date of this order, we request the trial court to dispose of the complaint within a period of six months.
requirement as contemplated under Section 142 (1) (a) of NI Act that the complaint ought to be in writing and that it should be filed by the payee or the holder in due course, stands satisfied. The issue raised is that the complaint filed by Mr. Subhasis Kumar Das, General Manager (Accounting) on behalf
Sep 21, 2020 · The Hon’ble Supreme Court of India in M/S Himalaya Self Farming Group Vs. M/S Goyal Feed Suppliers [Transfer Petition Criminal No. 273 of 2020] held that the court within whose jurisdiction the branch of the bank where payee maintains the account is situated, will have jurisdiction to try the offence under the Negotiable Instruments Act, 1881, (“Act”) if the cheque is delivered for collection through an account. Background: The petitioner approached the court by filing a petition u/s ...
Sep 27, 2021 · The complaint was filed under Section 138 with Section 142 of the NI Act. The Metropolitan magistrate strictly took this matter into cognizance and passed orders of summoning to the accused. The aggrieved accused took this matter to the High Court. The petitioners contended that the demand notice that was served was defective as the amount mentioned was more than the amount of the cheque. It was further claimed that the notice was vague and ambiguous.
Dec 3, 2015 · Explaining that the words “as if that sub-section had been in force at all material times” used with reference to Section 142 (2), in Section 142A (1) of NI Act gives retrospectivity to the provision, the Court held that insofar as the territorial jurisdiction for initiating proceedings emerging from the dishonor of the cheque is concerned ...
Jun 15, 2020 · The Negotiable Instruments (Amendment) Act, 2015, w.r.e.f. 15 June, 2015 had amended section 142 of the Act which vested jurisdiction for initiating proceedings for the offence under section 138 of the Act in the court within whose territorial jurisdiction the branch where the payee or the holder in due course maintains an account.
Cognizance of offences. NI Act, Section 142. Cognizance of offences. 1 [ (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974).-. (a) No court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due ...
Union of India - Section Section 142A in The Negotiable Instruments Act, 1881 142A. Validation for transfer of pending cases.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any judgment, decree, order or direction of any court, all cases transferred to the court having jurisdiction under sub-section (2) of section 142, as amended by the Negotiable Instruments (Amendment) Ordinance, 2015, shall be deemed to have been transferred under this Act, as if that sub ...
India Code: Section Details. Section 142. Cognizance of offences. Previous Next. 1 [ (1)] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), (a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder ...
142 of the Act of 1881 was renumbered as Section 142(1) when amendments were made in the Act of 1881 by the Negotiable Instruments (Amendment) Act, 2015 (Act 26 of 2015). Further, Section 142(2) was inserted in the statute book along with Section 142-A. The newly inserted Section 142(2), to the extent relevant,
Mar 11, 2024 · The Allahabad High Court has held that the cause of action under Section 142(1)(b) of the Negotiable Instruments Act, 1881 arises after expiry of 15 days granted to the drawer to pay the amount to ...
Sep 13, 2022 · Court noted that In terms of clause (c) of the proviso to section 142 of the NI Act, such complaint should be filed within one month after drawer of the cheque has received notice, and 15 days ...
Union of India - Section Section 141 in The Negotiable Instruments Act, 1881 141. Offences by companies. — If the person committing an offence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing ...
