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Section 142 in The Negotiable Instruments Act, 1881. 142. Cognizance of offences.—. Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.
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 notes, bills
Apr 4, 2020 · 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 under ideal testing conditions of the banking operations.
Jan 9, 2013 · 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;
The Negotiable Instruments Act, 1881. Long Title: An Act to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques. Ministry: Ministry of Finance. Department: Department of Financial Services. Enforcement Date: 01-03-1882.
Thus, it is clear that an application under Section 142 of NI Act, 1881 is to be filed along with the complaint under Section 138 of NI Act, 1881 and once the cognizance is taken on the basis of a time barred complaint, then the defect cannot be cured by filing an application under Section 142 of NI Act, 1881 at a later stage.
Jan 1, 2002 · An Act further to amend the Negotiable Instruments Act, 1881, the Bankers' Books Evidence Act, 1891 and the Information Technology Act, 2000. BE it enacted by Parliament in the Fifty- third Year of the Republic of India as follows:- CHAP PRELIMINARY
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;
Section 142 of the NI Act, inter alia, creates a legal bar on the court from taking cognizance of an offence under Section 138 except upon a written complaint. Since a complaint filed under Section 138 of the NI Act before the expiry of 15 days from the date on which the notice has been served on the drawer/accused is no complaint in
N.I. Act is in accordance with the requirement under Section 142 of the N.I. Act. The relevant provision reads as hereunder: “142. Cognizance of offences.—[(1)] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),— (a) no court shall take cognizance of any offence
