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1 - 10 of 11 (0.27 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
P.K. Choudhury vs Commander, 48 Brtf (Gref) on 13 March, 2008
Thus getting no support from the judgments
referred to above, the issue needs to be determined on its
own merit.
State Of Maharashtra vs Sharadchandra Vinayak Dongre on 7 October, 1994
Referring to an earlier decision in State of
Maharashtra vs. Sharadchandra Vinayak Dongre and
ors., reported as (1995)1SCC 42, Honble Supreme Court
of India, observed in P.K.Choudhury vs. Commander, 48
BRTF(GREF), reported as 2008 (2) Criminal Court Cases,
126 (S.C.) as follows:-
Article 21 in Constitution of India [Constitution]
The Negotiable Instruments Act, 1881
The Code of Criminal Procedure, 1973
M/S. Pepsi Foods Ltd. & Anr vs Special Judicial Magistrate & Ors on 4 November, 1997
Learned counsel placed reliance on State of
Maharashtra versus Sharad Chandra Vinayak Dongre
and others, reported as AIR 1995 Supreme Court, 231,
P.K.Choudhury versus Commander, 48 BRTF (GREF),
reported as 2008 (2) Criminal Court Cases, 126 (S.C.), M/s
Pepsi Foods Limited and another versus Special Judicial
Magistrate and others, reported as 1998 Supreme Court,
128, Prashant Goel versus State and another, reported as
2007 (1) Criminal Court Cases, 838 (Delhi), Gautam Saikia
versus Diganta Sarmah, reported as 2009 (1), Civil Court
Cases, 132 (Gauhati), Sajjan Kumar Jhunjhunwala and
others versus M/s Eastern Roadways Private Limited,
reported as 2007 (3), Civil Court Cases, 203 (Karnataka),
M/s Keciyo Coconut Oils Private Limited and others versus
State of Kerala, reported as 2002 Cri.
Prashant Goel vs State & Anr on 13 October, 2009
Learned counsel placed reliance on State of
Maharashtra versus Sharad Chandra Vinayak Dongre
and others, reported as AIR 1995 Supreme Court, 231,
P.K.Choudhury versus Commander, 48 BRTF (GREF),
reported as 2008 (2) Criminal Court Cases, 126 (S.C.), M/s
Pepsi Foods Limited and another versus Special Judicial
Magistrate and others, reported as 1998 Supreme Court,
128, Prashant Goel versus State and another, reported as
2007 (1) Criminal Court Cases, 838 (Delhi), Gautam Saikia
versus Diganta Sarmah, reported as 2009 (1), Civil Court
Cases, 132 (Gauhati), Sajjan Kumar Jhunjhunwala and
others versus M/s Eastern Roadways Private Limited,
reported as 2007 (3), Civil Court Cases, 203 (Karnataka),
M/s Keciyo Coconut Oils Private Limited and others versus
State of Kerala, reported as 2002 Cri.
Prakash Chandra Sharma vs Kaushal Kishore on 14 November, 1979
L. J., 1087, Parkash
Chandra Sharma versus Kaushal Kishore, reported as
1980 Cri. L.J, 578, to support his submissions.
Supporting the process issued on the respondents
Complaint, the respondents learned counsel Sri Navneet
4
Dubey would say that there being no provision in the
Negotiable Instruments Act, 1881 contemplating
opportunity of hearing to an accused before considering
the issuance of process, the petitioner was not required
to be heard by the Court while considering the
complainants plea for Condonation of delay in filing the
Complaint and issuance of process thereon, and in this
view of the matter, the cognizance taken by the learned
Magistrate, on being satisfied that the delay in filing the
Complaint, was sufficiently explained by the
complainant, cannot be faulted.