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SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Notice - Non mention in complaint that notice has been served - Complaint not maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 482, Reserve Bank of India Act, 1934, Section 45QA, 58E-- Exercise of inherent powers - Stay of criminal proceedings - Cognizance taken by Criminal Court u/s.420, 120B IPC as well as S.138 of NI Act - Held, no provision under Reserve Bank of India Act which prohibits any criminal proceeding to be continued - Power of Company Law Board u/s.45-QA of RBI..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138-- Appeal against conviction and fine - Pending appeal entire amount of cheque paid and sworn affidavit filed - Appellant saved from imprisonment part of sentence - Appellant to pay fine of Rs.5,000/- within four weeks in the trial Court and failure would attract simple imprisonment for three months...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, 22A-- Company - Dishonour of cheque - Pendency of proceeding under Section 22(1) of SICA alone is not sufficient to get absolved from the liability under S.138 of the NI Act...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, 22A-- Company - Dishonour of cheque - Sick company - If BIFR has submitted report declaring a company as sick and also issued direction u/s 22A restraining company or its directors then question of maintainability of prosecution u/s 138 of NI Act would arise depending upon facts of case...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, 142, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22(1)-- Dishonour of cheque - Prosecution of sick company - Held, if commission of offence u/s.138 of NI Act was completed before commencement of proceedings u/s.22(1) of SICA there is no hurdle in any of the provisions of SICA against maintainability and prosecution of criminal complaint duly instituted..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 142, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22-- Sick company - Dishonour of cheque - If commission of the offence under Section 138 of the NI Act was completed before the commencement of proceedings under Section 22(1) of SICA there is no hurdle in any of the provisions of SICA against the maintainability and prosecution of a criminal complaint..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22-- Sick company - Dishonour of cheque - Criminal proceedings u/s 138 of N.I Act is not barred by S.22 of SICA...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, Companies Act, 1956, Section 536(2)-- Company - Dishonour of cheque - Company cannot avert its liability on mere ground that winding up petition was presented prior to company being called upon to pay amount of cheque...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Partnership firm - Complaint filed against partner only and firm not made an accused on whose behalf the cheque was issued - Not a ground to quash the proceedings...........

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