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https://www.pathlegal.in/Can-court-permit-amendment-of-complaint-us-138-of-NI-Act--blog-1317649
Oct 06, 2017 · In this case, in a matter filed under section 138 of N.I. Act, the name of the original accused was changed by allowing the amendment from "B.S. Dastoor" to "Behram S. Doctor". This Court held that the complaint as against Behram S. Doctor was not within limitation as …
https://www.mondaq.com/india/Criminal-Law/779880/Amendment-To-Complaint-Under-Section-138-Of-Negotiable-Instruments-Act-1881-Myth-Or-Reality
One such instance is the absence of provisions under the Code for amendment of a complaint 2. Though, express provision for amendment of pleadings (in civil proceedings) exists 3, however, there are no specific provisions under the Code dealing with the amendment of complaint. At the same time there is also no bar under the Code against ...
https://www.livelaw.in/amendment-to-a-complaint-is-permissible-in-law-notwithstanding-the-absence-of-an-enabling-provision-in-cr-p-c-if-it-relates-to-a-simple-infirmity-sc/
Jul 02, 2015 · Answering the issue whether an amendment to a complaint filed under Section 200 Cr.P.C. is impermissible in law, the Supreme Court of India has held in a …
https://www.lawweb.in/2014/12/whether-court-can-permit-amendment-of.html
Dec 12, 2014 · State of Maharashtra and Anr.]. In this case, in a matter filed under section 138 of N.I. Act, the name of the original accused was changed by allowing the amendment from "B.S. Dastoor" to "Behram S. Doctor". This Court held that the complaint as against Behram S. Doctor was not within limitation as provided in section 468 of Cr.P.C.
https://charteredonline.in/amendment-to-negotiable-instruments-act-section-138/
Sep 13, 2018 · Jurisdictional Amendment of Section 138 of Negotiable Instruments Act – Cases to Filed in Court having Local Jurisdiction of the Bank Branch of the Payee. The President of India has promulgated the Negotiable Instruments (Amendment) Ordinance, 2015 (No.6 of …
https://www.legalhelplineindia.com/section-138-of-negotiable-instruments-act/
May 18, 2019 · Section 138 of Negotiable Instruments Act explained in details with case law for better understanding of a common man. Section 138 of Negotiable Instruments Act is an important provision pertaining to the matter of cheque bouncing. The section reads as under: 138.
https://www.lawyersclubindia.com/experts/How-to-amend-complaint-in-sec-138-of-n-i-act--576726.asp
Dec 25, 2015 · 25 December 2015 Sir I filed criminal case under Sec. 138 of NI act but in the pleadings I have taken both accused transcations, but in cause title I have mentioned only one accused name and details and forgotten to take another accused name and address. How to …
https://www.lawyersclubindia.com/experts/New-Amendment-of-Sec-138-NI-Act--35186.asp
Aug 25, 2009 · 3. Amendment of Schedule I of Bom. XXXVI of 1959.- In Schedule I to the Principal Act, after Article 17, the following article shall be inserted, namely :-"18. Application or petition containing complaint or charge of an offence under section 138 of the Negotiable Instruments Act, 1881. (A) When the amount of cheque does not exceed ten thousand ...
http://www.aaptaxlaw.com/Legal-Formats/Format-of-Complaint-u-s-138-Negotiable-Instruments-Act-return-of-cheque-Download-Complaint-format.html
Format of Criminal Complaint u/s 138 of Negotiable Instruments Act against return of cheque. Download in Microsoft word format. Draft format for filing criminal complaint under section 138 of Negotiable Instruments Act is given below to get idea to prepare the complaint.
https://www.vakilno1.com/legalviews/landmark-supreme-court-judgment-sec-138-negotiable-instruments-act.html
Oct 15, 2014 · The second noteworthy amendment was when the parliament enacted the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 which is intended to plug the loopholes. This amendment Act inserts five new sections from 143 to …
https://www.vakilno1.com/legal-faq/dishonour-of-cheque-section-138-of-the-negotiable-instruments-act.html
Apr 24, 2013 · This article on “Dishonour of Cheque – Section 138 of the Negotiable instruments Act” gives a comprehensive overview about all aspects of cheque bouncing and Cheque Dishonour as per laws in India WHAT IS A CHEQUE? Section 6 of Negotiable Instruments Act defines cheque as : ‘6. “Cheque“.-A “cheque” is a bill of exchange drawn on a specified banker and not expressed to be …
https://nadeemqureshi1.wordpress.com/tag/negotiable-instrument-act-amendment-of-complaint/
A complaint petition alleging commission of an offence under Section 138 of the Act, however, was filed only on 20.04.2001. Indisputably, the complaint petition was sought to be amended for adding Section 420 of the Indian Penal Code in the complaint petition. The said application was allowed by an order dated 14.08.2001.
https://indianlegalaid.blogspot.com/p/procedure-for-filing-complaint-under.html
o First, under section 138 of the Negotiable Instruments Act, 1881, a refund of 50% of the total court fees will be made when the complainant withdraws a complaint, or when the offence was compounded, before framing of particulars/charges, provided the claim is made within one …
https://www.mondaq.com/india/Finance-and-Banking/812822/Section-138-Of-Negotiable-Instruments-Act-Overview
Recent amendment: The Negotiable Instruments (Amendment) Act, 2018 which came into effect from September 1, 2018 allows the Court trying an offence related to cheque bouncing, to direct the drawer to pay interim compensation not exceeding 20% of the cheque amount to the complainant within 60 days of the trial court's order to pay such compensation.
https://indiankanoon.org/doc/1823824/
Section 138 in The Negotiable Instruments Act, 1881. 18 [ 138 Dishonour of cheque for insufficiency, etc., of funds in the account. —Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, ...
https://www.icann.org/en/system/files/files/litigation-dca-plaintiff-motion-leave-amend-complaint-04oct16-en.pdf
for leave to amend the First Amended Complaint, adding a cause of action for a violation of its Fifth Amendment right to Due Process against Defendant Internet Corporation for Assigned Names and Numbers (“ICANN”). This Motion is made pursuant to Fed. R. Civ. P. 15 and 16, on the grounds
https://blog.ipleaders.in/negotiable-instruments-act-section-138/
Section 138 of Negotiable Instruments Act, 1881. The Negotiable Instruments Act, 1881, provides for three instruments namely promissory notes, bills of exchange and cheques. The word ‘negotiable’ means transferable with respect to consideration and ‘instrument’ is a written document which creates a right in favour of a person.Author: Sanjana Tripathy
https://lawschoolnotes.wordpress.com/2017/08/31/territorial-jurisdiction-in-cases-of-dishonour-of-cheque/
Aug 31, 2017 · By Harpreet Kaur, Advocate LANDMARK CASE LAW OF SUPREME COURT For filing of the complaint under section 138, Negotiable Instruments Act; Hon’ble Supreme Court in the landmark judgment of Dashrath Rupsingh Rathod v. State of Maharashtra, 2014 AIR (SC) 3519, has held that “The interpretation of Section 138 of the NI Act which commends itself…
https://www.scconline.com/blog/post/2019/05/07/dishonour-of-cheque-s-138-ni-act-and-allied-sections/
May 07, 2019 · Quashing of complaint by the High Court under S. 482 CrPC [inherent powers] If an accused wants the process under Sections 138 and 141 to be quashed by filing a petition under Section 482 CrPC, he must make out a case that making him stand the trial would be an abuse of process of court, Gunmala Sales (P) Ltd. v. Anu Mehta, (2015) 1 SCC 103.
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