that the very
initiation of proceedings under Section 200 Cr.P.C, for an offence
punishable under Section 138 of the NI Act, is without ... contended that a complaint filed under
Section 200 Cr.P.C, for an offence punishable under Section 138
of the NI Act, attracts the rigour
pertinent to reproduce Section 142 of N.I. Act, which prescribes special procedure for taking cognizance of offence punishable under Section 138 ... conditions laid down by Section 142 for taking cognizance of offence punishable under Section 138 of N.I. Act are-1) that the complaint must
filed a complaint against the petitioner herein for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (as amended ... Section 2(d) of the Code are expressly excluded and would not be applicable for making a complaint for the offence punishable under Section 138
REASONS FOR DECISION : -
1. The present complaint for offence punishable under Section 138 of The
Negotiable Instruments Act, 1881 has been filed by the complainant ... being company and 2 being director were summoned for
offence punishable under Section 138 / 141 of The Negotiable Instruments Act, 1881. After
appearance of accused
complaint that the accused be summoned,
tried and punished for having committed offence punishable under section
138 of N.I. Act in respect ... notice of accusation under section 251 of
Cr.P.C. was explained to the accused for offence punishable under section
138
under Section 138 .'
The emphasised portion of Section 138 of the Act suggests that an offence under Section 138 of the Act is punishable ... offence punishable under Section 138, meaning thereby an offence under Section 138 of "any" magnitude. If the First Class Magistrate has a power
Court through its power of attorney holder for offence punishable under
under Section 138 of the Act under the signature of power of attorney holder ... Under Section 142
of the Act in so far as the offence under Section 138 is
concerned, no Court shall take cognizance except upon
section (1) of Section 143 of the said Act of
1881, all complaints alleging an offence punishable under Section
138 of the said ... offence
19
punishable under Section 138 of the said Act of 1881. A
complaint under Section 138 of the said Act of 1881 can become
Additional Chief
Metropolitan Magistrate, Erramanzil, Hyderabad, registered for the
offence punishable under Section 138 of Negotiable Instruments
Act (for short ... complaint under
Section 200 of Cr.P.C. against M/sVizInfra Consultants Private
Limited and 4 others for the offence punishable under Section 138
Additional Chief
Metropolitan Magistrate, Erramanzil, Hyderabad, registered for the
offence punishable under Section 138 of Negotiable Instruments
Act (for short ... complaint under
Section 200 of Cr.P.C. against M/sVizInfra Consultants Private
Limited and 4 others for the offence punishable under Section 138
