Instruments Act, 1881 (In Short NI Act, 1881 ), has
been allowed and the delay in filing the complaint
under Section 138 of NI Act ... under Section 142 of NI Act, 1881 seeking
condonation of delay in filing complaint under
Section 138 of NI Act, 1881. It is also
complainant.
Sh. Vipin Kumar, Counsel for the accused.
CC NI ACT 142/2023
Digitally signed
by ASHIMA
ASHIMA LAKHANPALL
LAKHANPALL Date ... first presumption is mentioned under Section 118(a) of the NI
CC NI ACT 142/2023
Digitally signed
by ASHIMA
ASHIMA LAKHANPALL
LAKHANPALL Date
petitioner bank has filed a complaint
u/s 138 of NI Act and 142 of NI Act against the respondent before the
trial court alleging ... petitioner bank has filed a complaint
u/s 138 of NI Act and 142 of NI Act against the respondent before the
trial court alleging
142 of the NI Act.
12. The relevant provision of the NI Act that falls for our
consideration is as follows:
“142. Cognizance of offences ... aforementioned, Section 142 of the NI Act contemplates that
the complaint filed under Section 138 of the NI Act should be
in writing and should
Legislature then amended the NI Act by way of
the Negotiable Instruments (Amendment) Act, 2015, inter alia
amending Section 142 of the NI Act ... terms
of Section 142(2) of the NI Act, the offence under Section 138 of the
NI Act is now to be inquired into
being filed after
the period prescribed under section 142 NI Act?
Section 142(b) NI Act prescribes that a complaint u/s 138 NI Act ... complaint has been filed after the period
prescribed u/s 142 NI Act and the said delay has not been condones.
Thus, the complaint
NI] 198
JUDGEMENT U/S 355
Cr.P.C
.:
a) Offence complained of : U/S 138 r/w Section 142 NI Act
b) Name ... NI Act, accused
has failed to pay the cheque amount, hence accused is liable for offence u/s 138 NI
Act r/ w section 142
think it proper to refer to Sections 138
and 142 of the NI Act. Section 138 of the NI Act, as it stands today after ... stipulated
under Section 142(b) for the filing of such a complaint has expired.
42. Section 142 of the NI Act prescribes the mode
term `complainant' is not defined under the Code. Section 142 NI
Act requires a complaint under section 138 of that Act, to be made ... favour of a company or corporation, for the purpose of section 142
NI Act, the company will be the complainant, and for purposes of
section
think it proper to refer to Sections 138
and 142 of the NI Act. Section 138 of the NI Act, as it stands today after ... stipulated
under Section 142(b) for the filing of such a complaint has expired.
42. Section 142 of the NI Act prescribes the mode
