under Order XXXVII of the Code of Civil Procedure .
Generally speaking, the law relating to negotiable
instruments is the law of thee commercial would which ... mercantile instruments contemplated under it and
provide special procedure in case the obligation under the
instrument was not discharged. Procedure prescribed under
Order XXXVII
Section 143 in The Negotiable Instruments Act, 1881
143. Power of Court to try cases summarily.—
(1) Notwithstanding anything contained in the Code of Criminal ... such trials: Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate
Court has quashed 40 different complaints under Section
138 of the Negotiable Instruments Act, 1881 filed by the appellant against
the respondents. Relying upon ... credibility to negotiable instruments in business and day to day
transactions by making dishonour of such instruments an offence. A
negotiable instrument whether the same
read with Sections 261 to 265 of Criminal Procedure Code, 1973
( Cr.P.C .) for summary trial of such complaints filed or pending
before ... Magistrate and
the provisions of Sections 262 to 265 Cr.P.C. prescribing procedure for
summary trials, shall apply to such trials and it shall
consider the special provisions laid
down by section 145 of the Negotiable Instruments Act, 1881 (`the Act',
2
hereinafter) for a dishonoured cheque trial ... procedure contained in the Act.
2. A large number of cases are reported to be pending under
sections 138 to 142 of the Negotiable Instruments
demand notice under Section 138 read with Section 141 of the Negotiable
Instruments Act, 1881, calling upon the company and its three Directors,
the appellants ... appellants under Section 138 read with
Section 141 of the Negotiable Instruments Act before the Additional Chief
Metropolitan Magistrate [“ACMM”], Kurla, Mumbai. On 12.02.2018,
summons
2429/2015 and 2430/2015) under Section 138 of the
Negotiable Instruments Act (" NI Act " hereafter) passed an order dated
13th January ... Civil Procedure ,
1908 and the Code of Criminal Procedure , 1973 in one place.
22. The relevant statutory provisions of Negotiable Instruments
Act, 1881 read
against the Petitioner for the offences under Section 138 of the Negotiable Instruments Act, 1881 (' NI Act '), to the Central Forensic Science Laboratory ... bearer of the instrument." The expression 'negotiable instrument' has been defined in Section 13 NI Act as meaning a "promissory note
Class found appellant guilty for the
offence under Section 138 of Negotiable Instruments Act
and sentenced him to six months rigorous imprisonment
and also directed ... Magistrate First Class for the offence under
Section 138 of the Negotiable Instruments Act averring
that non applicant/complainant gave a loan
summary procedure is to prevent unreasonable obstruction by a Defendant who has no defence. The Order is, however, confined to suits of negotiable instruments ... chooses to bring a summary suit and adopts the summary remedy given under Order 37 of the Code of Civil Procedure . Hence, it would
