application of Section 142(a) of the
Negotiable Instruments Act, 1881, (" NI Act ") is in question in this
appeal which arises ... said complaint petitions. Cognizance of
offence under Section 138 of the NI Act was taken against the
appellant. Summons were issued. Questioning the order issuing
proviso (c) to Section 138 . The Division
Bench took into consideration the provisions contained in Section 138 and
Section 142 of the NI Act ... NI Act prescribes the mode and so also the
time within which a complaint for an offence under Section 138 of the NI
Act
exemption was available.
Legal provisions:
7
7. Section 138 of the Negotiable instruments Act (for short ` NI Act ')
provides that dishonour of a cheque ... interpretation of section 142 of NI Act and section 200 of the
Code becomes necessary. Section 142 only requires that the complaint
should
Section 9 of the General Clauses Act, 1897. Section 9 of the General
Clauses Act, 1897 states that in any Central Act or Regulation made ... time. Sub-Section (2) of Section 9 of the General Clauses Act, 1897 states
that this Section applies to all Central Acts made after
142 of
the NI Act. We, therefore, heard both counsel on that
aspect.
Section 138 of the NI Act provides the punishment as
imprisonment ... obstante
clause in Section 142 of the NI Act. The section reads@@
JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ
thus: 142. Cognizance of offences.- Notwithstanding
anything contained
proviso (c) to Section 138 . The Division
Bench took into consideration the provisions contained in Section 138 and
Section 142 of the NI Act ... NI Act prescribes the mode and so also the
time within which a complaint for an offence under Section 138 of the NI
Act
mentioned specifically in the section itself, which is missing both from
Section 2(d) as well as Section 142 .
14) The General Clauses Act ... Section 3(65) defines writing which reads thus:
“In this Act, and in all Central Acts and Regulations made after the
commencement of this Act
appellant herein under Section 138 of
N.I. Act is in accordance with the requirement under Section
142 of the N.I. Act ... Code. Section 142 of the NI Act requires a complaint
under Section 138 of that Act to be made by the payee
complainant.
8.3 Section 145 of the NI Act is the same as Section 296 of Cr
PC. Part I of each section deals with examination ... NI Act places restrictions on power of Court
under Section 200 CrPC in respect of (i) complaint under Section 138 of
NI Act
complaint under Section 138 of the
Negotiable Instruments Act, 1881 (hereinafter referred as the ' NI Act ')
Crl.M.C. No.4239/2015 Page ... ordinance whereby Section 142 of the NI Act has been
amended and new Section 142 A has been incorporated in the NI Act
