...the context of the present case. It may be recalled that Chapter XVII comprising Sections 138 to 142 was inserted into the Act by the Banking, Public Financial Institutions and Negotiable...the 2002 amendment which is self-explanatory:“Prefatory Note—Statement of Objects and Reasons.—The Negotiable Instruments Act, 1881 was amended by the Banking, ...162 among other cases.9. As mentioned above, the Negotiable Instruments Act, 1881 was amended by the Negotiable Instruments (Amendment and Miscellaneous Pr...

...public funds which are blocked in cases pending under Section 138 of the Negotiable Instruments Act, 1881. The petitioners submit that, in spite of the fact, that Chapter XIV has been introduced in the ...by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, which was brought into force w.e.f 6-2-2003. The Objects and Reasons for the said Amendment Act ...147 in the Negotiable Instruments Act vide the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 for speedy disposal of cases relating to dishonour of che...

...was introduced in the Act by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 (Act 66...banking operations and giving credibility to negotiable instruments in business transactions and in order to promote efficacy of banking operations. With the policy of liberalisation adopted by th.... The amendment was intended to create an atmosphere of faith and reliance on banking system. Therefore, while considering the question of applicability of Section 138 of the Act to a situation...

...to defraud the creditors. Dishonor of cheque causes incalculable loss, injury and inconvenience to the Vide the Banking, Public Financial Institutions and Negotiable Instruments ...facts of the present case are that on a private complaint initiated by the Respondent No. 2, proceedings under Section 138 of the Negotiable Instruments Act, 1881 were initiated against the Appellants..., the sole arbitrator shall hear the parties and pass award. The provisions of arbitration and conciliation act shall apply to the arbitration proceedings. The place of arbitration shall be Ongole...

..., Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 with the object of promoting and inculcating faith in the efficac...credibility to negotiable instruments in business transaction. The introduction of the said Chapter was intended to create an atmosphere of faith and reliance on banking system by discouraging people...Court, pertaining to the question of service of notice in terms of Clause (b) of proviso to Section 138 of the Negotiable Instruments Act, 1881 (in short “the Act”). Observing that while rendering the...

...to examine the relevant legal provisions and to ascertain the objects and reasons for which those provisions were brought into existence by making amendments in the Negotiable Instruments Act, 1881. The ...Reasons appended to the Bill stated as follows:“The Negotiable Instruments Act, 1881 was amended by the Banking, Public Financial Institutions ...) Whether the provisions of Section 145 of the Act, as amended by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 (for short ‘the amending Act of 2002’) are ...

...cheque tarried, thus defeating the very purpose of recognising a negotiable instrument as a speedy vehicle of commerce. It was in that context that Chapter VII was inserted in the Negotiable Instruments Act by the ...account and failing to pay the cheque amount on the service of the notice, all the accused committed an offence as contemplated in Section 138 of the Negotiable Instruments Act and they were liable to be...proceeded against. The complaint also asserted that all the accused were guilty of the offence in terms of Section 138 of the Negotiable Instruments Act and were liable to be punished therefor...

...).”9. Section 138 and Section 141 were brought in the NI Act by the Banking, Public Financial Institutions and Negotiable ...:“(a) Whether for purposes of Section 141 of the Negotiable Instruments Act, 1881, it is sufficient if the substance of the allegation read as a whole fulfil the...Instruments Act, 1881 (for short “the NI Act”) against him have been dismissed.2. The brief facts are these: the complainants were interested in business relationship with Rifa...

...of the learned Brother Thakur, J. However, I propose to highlight a specific aspect relating to dishonour of cheques which constitutes an offence under Section 138 as introduced by the Banking, Public Financial ...legislature while incorporating the provisions of Chapter XVII, Sections 138 to 142 inserted in the NI Act [by the Banking, Public Financial Institutions and Negotiable ...)“Chapter XVII containing Sections 138 to 142 was introduced in the Act by Act 66 of 1988 with the object of inculcating faith in the efficacy of banking operations ...

...with a fine of rupees one lakh and twenty thousand imposed on the appellant for commission of an offence under Section 138 of the Banking, Public Financial Institutions and Negotiable ...would not constitute an offence.10. However, the Negotiable Instruments Act incorporates two presumptions in this regard: one containing in Section 118 of the Act and other...consideration. Sections 118 and 139 of the Negotiable Instruments Act make that abundantly clear. That presumption is, however, rebuttable in nature. What is most important is that the standard of proof...

...are liable to be punished under Section 138 of the Negotiable Instruments Act as amended by the Banking Public ...66/1988) (for short ‘the Act’).2. The case of the complainant as alleged in his complaint was that...an offence punishable under Section 138 of the Act and, consequently, dismissed the complaint under Section 203 Cr. P.C It is the said order that is sought to be quashed by...

...Instruments Act, 1881 as amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, ...Negotiable Instruments Act, 1881 was enacted and came into force in December, 1881. It deals with negotiable ...in the said Schedule along with the extent of repeal. At serial No. 66, the Banking, Public Financial Institutions and ...

...be compounded without prior permission. I would like to reproduce some part of the Statement of Objects and Reasons of the Negotiable Instruments (Amendment & Miscellaneous Provisions) ...to review Section 138 of the Negotiable Instruments Act, 1881 and make recommendations as to what changes were needed to effective..., Vadodara for offence punishable under Section 138 of Negotiable Instruments Act (hereinafter referred to as 'the N. I. Act...

...Procedure seeks quashing of the criminal complaint bearing No. 39/2A dated 27th February, 1990, under Section 138 of the Banking, Public Financial Institutions and ...criteria. In section 142(a) of the Negotiable Instruments Act, 1881, qualification or eligibility of a complainant to file...section 138 of the Negotiable Instruments Act are quashed. The learned Magistrate will now hear the parties on the question of framing of th...

...the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 wherein new Chapter XVII was incorporated for penaltie...appellants after taking us through the relevant provisions of the Negotiable Instruments Act, 1881; the Code of Criminal Procedure, 1973 (in short “the Code”) and the order of the learned Single Judge...(2010) 4 Mah LJ 1, (2010) 4 AIR Bom R 309 whereby the Division Bench held that the complaint under Section 138 of the ...

...Section 141, read with Section 138, of the Negotiable Instruments Act, 1881, as amended by the Banking, ...section 138 which has been inserted in the Negotiable Instruments Act, 1881, by the Banking, Public Financial Institutions and Negotiable ...provides for. taking cognizance of such offences. 10. Section 4 of the Banking, Public Financial Institutions ...

...139 were repealed and thereby Chapter XVII was abolished w.e.f 14-2-1956. However, Chapter XVII has been reintroduced in the Act by Section 4 of the Banking, Public Financial Institutions ...aforesaid amending Act on the statute appears to be to inculcate faith in the efficacy of banking operations and credibility in transacting business of negotiable instruments. Despite civil remedy...against the appellant for the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the Act”).3. Surendra Madhavrao Nighojkar, Respondent...

...inserted in the Negotiable Instruments Act by the Banking, Public Financial Institutions and ...of the Negotiable Instruments Act (for short ‘the Act’). It was contended that petitioner had issued a cheque dated 17.5.1993 for Rs. 28,000/- to the respondent against part payment of the amount...and the bank has been altered to the prejudice of the drawer. The said submission has merit. Section 138 of the Act reads:—“138. Dishonour of cheque for insufficiency, etc. of funds in...

...section 138 of the Negotiable Instruments Act, as amended by the Banking, ...section 138 of the Negotiable Instruments Act is that the cheque is returned unpaid because the amount available in that account is insuffic...A.P Chowdhri, J.:— This is a petition under section 482 of the Code of Criminal Procedure for quashing the complaint dated July 3, 1990 (Annexure P-1) and the...