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Format |
Printed Books |
Faculty Name |
Bhashyam & Adiga |
Course Material Language |
English |
Package Details |
25th Edition 2024, Hardbound Book |
Item Code |
9788177372939 |
Study Material Format |
Printed Books |
Delivery |
Home Delivery within 7-10 days from the date of Payment Confirmation. |
Brand |
Bharat Law House |
No of Pages |
1488 |
About THE NEGOTIABLE INSTRUMENTS ACT |
CHAPTER I Preliminary Section Page No. 1 Short title, local extent, saving of usages relating to hundis, etc. Commencement 2 Repeal of enactments (Repealed) 3 Interpretation clause "Banker" CHAPTER II Of notes, bills and cheques 4 "Promissory note" 5 "Bill of Exchange" 6 "Cheque" 7 "Drawer", "Drawee", "Drawee in case of need", "Acceptor", "Acceptor for honour", "Payee" 8 "Holder" 9 "Holder in due course" 10 "Payment in due course" 11 Inland instrument 12 Foreign instrument 13 Negotiable instrument 14 Negotiation 15 Indorsement 16 Indorsement "in blank" and "in full", "indorsee" 17 Ambiguous instruments 18 Where amount is stated differently in figures and words 19 Instruments payable on demand 20 Inchoate stamped instruments 21 "At Sight", "On Presentment", "After Sight" 22 "Maturity" Days of grace Section Pa 23 Calculating maturity of bill or note payable so many months after date or sight 24 Calculating maturity of bill or note payable so many days after date or sight 25 When day of maturity is a holiday CHAPTER III Parties to Notes, Bills and Cheques 26 Capacity to make, etc., promissory notes, etc. 27 Agency 28 Liability of agent signing 29 Liability of legal representative signing 30 Liability of drawer 31 Liability of drawee of cheque 32 Liability of maker of note and acceptor of bill 33 Only drawee can be acceptor except in need or for honour 34 Acceptance by several drawees not partners 35 Liability of indorser 36 Liability of prior parties to holder in due course 37 Maker, drawer and acceptor principals 38 Prior party a principal in respect of each subsequent party 39 Suretyship 40 Discharge of indorser's liability 41 Acceptor bound although indorsement forged 42 Acceptance of bill drawn in fictitious name 43 Negotiable instrument made, etc., without consideration 44 Partial absence or failure of money consideration 45 Partial failure of consideration not consisting of money 45A Holder's right to duplicate of lost bill CHAPTER IV Of Negotiation 46 Delivery 47 Negotiation by delivery 48 Negotiation by indorsement 49 Conversion of indorsement in blank into indorsement in full 50 Effect of indorsement 51 Who may negotiate 52 Indorser who excludes his own liability or makes it conditional 53 Holder deriving title from holder in due course
54 Instrument indorsed in blank 55 Conversion of indorsement in blank into indorsement in full 56 Indorsement for part of sum due 57 Legal representative cannot by delivery only negotiate instrument indorsed by deceased 58 Instrument obtained by unlawful means or for unlawful consideration 59 Instrument acquired after dishonour or when overdue, Accommodation note or bill 60 Instrument negotiable till payment or satisfaction CHAPTER V Of Presentment 61 Presentment for acceptance 62 Presentment of promissory note for sight 63 Drawee's time for deliberation 64 Presentment for payment 65 Hours for presentment 66 Presentment for payment of instrument payable after date or sight 67 Presentment for payment of promissory note payable by instalments 68 Presentment for payment of instrument payable at specified place and not elsewhere 69 Instrument payable at specified place 70 Presentment where no exclusive place specified 71 Presentment when maker, etc., has no known place of business or residence 72 Presentment of cheque to charge drawer 73 Presentment of cheque to charge any other person 74 Presentment of instrument payable on demand 75 Presentment by or to agent, representative of deceased or assignee of insolvent 75A Excuse for delay in presentment for acceptance or payment 76 When presentment unnecessary 77 Liability of banker for negligently dealing with bill presented for payment CHAPTER VI Of Payment and Interest 78 To whom payment should be made 79 Interest when rate specified 80 Interest when no rate specified 81 Delivery of instrument on payment or indemnity in case of loss CHAPTER VII Of discharge from liability on Notes, Bills and Chequ 82 Discharge from liability — (a) by cancellation; (b) by release; (c) by payment 83 Discharge by allowing drawee more than forty-eight hours to accept 84 When cheque not duly presented and drawer damaged thereby 85 Cheque payable to order 85A Drafts drawn by one branch of a bank on another payable to order 86 Parties not consenting discharged by qualified or limited acceptance 87 Effect of material alteration, Alteration by indorsee 88 Acceptor or indorser bound notwithstanding previous alteration 89 Payment of instrument on which alteration is not apparent 90 Extinguishment of rights of action on bill in acceptor's hands CHAPTER VIII Of Notice of Dishonour 91 Dishonour by non-acceptance 92 Dishonour by non-payment 93 By and to whom notice should be given 94 Mode in which notice may be given 95 Party receiving must transmit notice of dishonour 96 Agent for presentment 97 When party to whom notice given is dead 98 When notice of dishonour is unnecessary CHAPTER IX Of Noting and Protest 99 Noting 100 Protest, Protest for better security 101 Contents of protest 102 Notice of protest 103 Protest for non-payment after dishonour by non-acceptance 104 Protest of foreign bills 104A When noting equivalent to protest CHAPTER X Of reasonable time 105 Reasonable time 106 Reasonable time of giving notice of dishonour 107 Reasonable time for transmitting such notice CHAPTER XI Of acceptance and payment for honour and reference in case of need 108 Acceptance for honour 109 How acceptance for honour must be made 110 Acceptance not specifying for whose honour it is made 111 Liability of acceptor for honour 112 When acceptor for honour may be charged 113 Payment for honour 114 Right of payer for honour 115 Drawee in case of need 116 Acceptance and payment without protest CHAPTER XII Of compensation 117 Rules as to compensation CHAPTER XIII Special rules of evidence 118 Presumptions as to negotiable instruments — (a) of consideration; (b) as to date; (c) as to time of acceptance; (d) as to time of transfer; (e) as to order of indorsement; (f) as to stamps; (g) that holder is a holder in due course 119 Presumption on proof of protest 120 Estoppel against denying original validity of instrument 121 Estoppel against denying capacity of payee to indorse 122 Estoppel against denying signature or capacity of prior party CHAPTER XIV Of crossed cheques 123 Cheque crossed generally 124 Cheque crossed specially 125 Crossing after issue 126 Payment of cheque crossed generally, Payment of cheque crossed specially 127 Payment of cheque crossed specially more than once 128 Payment in due course of crossed cheque 129 Payment of crossed cheque out of due course 130 Cheque bearing "not negotiable" 131 Non-liability of banker receiving payment of cheque 131A Application of chapter to drafts
CHAPTER XV Of bills in sets 132 Set of bills 133 Holder of first acquired part entitled to all CHAPTER XVI Of international law 134 Law governing liability of maker, acceptor or indorser of foreign instrument 135 Law of place of payment governs dishonour 136 Instrument made, etc, out of India but in accordance with the law of India 137 Presumption as to foreign law CHAPTER XVII Of penalties in case of dishonour of certain cheques finsufficiency of funds in the accounts 138 Dishonour of cheque for insufficiency, etc., of funds in the account 1 Competence of the Parliament 2 Statement of objects and reasons 3 Object 4 Salient features 5 Bird's eye view 6 Non-compliance with the provision 7 Scope 8 Nature 9 Applicability 10 Applicability of provisions to cheques issued before 1-4-1989 11 Issue of cheque is not an offence 12 Ingredients of the offence 13 Dishonour of cheque issued for discharge of legally enforceable debt/ liability 14 Section 138 and Criminal Law 15 Power of courts 16 Interference by High Court in disputed questions of fact 17 Bailable offence 18 Trial of offence: Summary procedure 19 Directions for Summary Trial 20 Defence evidence 21 'Month', meaning of 22 Presentation of cheques any number of times during validity period 23 Filing of a civil suit 24 Arbitration proceedings 25 Prosecution for cheating: Not barred 26 Prosecution based on successive dishonour of cheque 27 Filing of a complaint 28 Condonation of delay in filing complaint 29 Place of filing complaint, 30 Locus standi to file complaint 31 Verification of complaint 32 Cause of action 33 Complaint not signed by complainant 34 Permissibility for the substitution of complainant 35 Deficit Court Fee 36 Sole proprietorship concern 37 Complaint by company 38 Delegation of power of attorney 39 Power of Attorney to witness transaction 40 Complaint by Power of Attorney Holder 41 Complaint, maintainability 42 Reasons for return 43 'Refer to drawer', meaning of 44 ‘Such person shall be deemed to have committed an offence’ 45 Infirmity in return memo 46 Payment of cheque stopped by drawer 47 Propriety of order of issue process 48 Bank account closed 49 Exceeds arrangement: Dishonour on ground of 50 Insufficient balance 51 Cheque reported stolen 52 Alteration in date and drawer's signature differs 53 Drawer's signature incomplete 54 Drawer's signature denial 55 Non-MICR cheque 56 Recourse to proceedings 57 Making endorsement 'sans recourse' on cheque 58 Bank documents: Admissibility in evidence 59 Exclusion of mens rea 60 Cheque drawn by a person 61 Cheque issued in illegal transaction 62 Liability of director 63 Liability of drawer of cheque 64 Cheque issued by authorised signatory: Liability 65 Vicarious liability 66 Cheque issued by mandate holder: Liability 67 Forfeiture of right of holder/payee 68 Self drawn cheque 69 Pay Order, dishonour of 70 Post-dated cheques, dishonour of, effect 71 An account maintained with a banker 72 Examination of Banker 73 Joint bank account operated by 'Either or Survivor': Liability 74 Joint Liability, existence of 75 Banker 76 Undated cheque 77 Any debt or other liability: Legally enforceable liability 78 Dishonour of cheque issued in pursuance of the agreement to sell 79 Debt/Liability: Proof of 80 Existence of debt or liability on the date of cheque 81 Time-barred debt 82 Discharge of liability in excess of liability incurred 83 Legally enforceable liability 84 Burden of proof 85 Presumption 86 Modification of discharge of liability 87 Part payment 88 Other liabilities 89 Cheque received as guarantee or security 90 Chit funds 91 Uncertain future liabilities 92 Proceedings against guarantor: Maintainable 93 Blank cheque issued as security 94 Blank cheque 95 Misuse of blank cheque: Expert opinion 96 Cheque issued as collateral security 97 Liability need not be of drawer 98 Discharge of debt of wife 99 Discharge of debt of father 100 Death of drawer of cheque 101 Holder in due course 102 Drawer alone can be prosecuted 103 Cheque discounting facility with bank: Liability 104 Offence 105 'Failure' to make payment 106 Cognizance of offence 107 Quashing of cognizance 108 Without prejudice to any other provision of this Act 109 Material alterations in cheque 110 Typographical error 111 Clubbing of complaints 112 Punishment (a) Prior to 6-2-2003 (b) On and from 6-2-2003 113 Sentences to run concurrently: Powers of Court 114 Sentence of imprisonment till rising of court 115 Sentence of imprisonment modified 116 Suspension of sentence 117 Penalty provision created by legal fiction 118 Provision, not for compensation 119 Compensation 120 Mode of recovery of fine and compensation 121 Compensation, reduced 122 Sentence of fine and compensation 123 Inadequacy of sentence 124 Payment of interest on award of compensation 125 Default sentence 126 Compounding of offence 127 Acquittal 128 Propriety of order of acquittal 129 Appeal against acquittal 130 Conviction 131 Release on probation 132 Pendency of parallel proceedings 133 Lok adalats 134 Presentation of cheque 135 Territorial jurisdiction 136 Transfer of cases 137 Compliance of procedure of trial on transfer of a Magistrate 138 Provisos (1) Period for presentment: clause (a) (2) Notice of demand for payment: clause (b) 139 Issuance of notice 140 Handwritten notice 141 Construction of Proviso 142 Demand notice: Limitation period 143 Notice to company sufficient 144 Notice to director itself 145 Form or format of notice 146 Permissibility for the use of printed format 147 Notice not signed by Advocate: Validity 148 Contents of notice 149 Notice sent under certificate of posting 150 Notice: Service of 151 Fresh notice 152 Constructive service of notice 153 Deemed service of notice 154 Demand notice sent by registered post 155 Demand notice: Burden of proof of service 156 Copy of demand notice: Admissibility 157 Omnibus demand in notice 158 Period for payment 159 Date of service of statutory notice 160 Period for filing of complaint 161 Computation of period of limitation of notice 162 Computation of period of one month for filing of complaint 163 Extension of limitation period 164 Averment in complaint 165 "Date of receipt" to be understood as "date of knowledge of receipt" of the notice 166 Proof of service of demand notice 167 Receipt of notice by wife of accused drawer 168 Notice, interpretation of 169 Validity of demand notice 170 Exact date of issue of notice or date of service of the notice in the complain 171 Words 'said amount of money', meaning 172 Notice of demand: Cheque Number 173 Dishonour of cheque for higher amount 174 Prior discharge 175 Consolidated notice for more than one cheques: Validity 176 Premature complaint 177 Subsequent events: Consequence of part payment by drawer after issue of notice 178 Deposit by accused of entire amount during trial 179 Single complaint in respect of more than one dishonoured cheque 180 Summoning of accused 181 Examination of complainant 182 Production of additional evidence 183 Examination of witnesses 184 Dismissal of complaint 185 Dismissal of complaint for non-appearance of complainant/counsel 186 Personal attendance of accused 187 Death of payee 188 Death of drawer 189 Death of drawer-partner 190 Death of complainant 191 Discharge of accused 192 Non-mention of necessary ingredients in pre-summoning statement 193 No grant of injunction 194 Private complaint by accused: Maintainability 195 Drawer declared insolvent 196 Delay in disposal of cases: Practice and procedure 197 Additional evidence: Permissibility 198 Quashing of complaint 199 Quashing of proceedings 200 Simultaneous proceedings under Insolvency and Negotiable Instruments A 201 Propriety of non-consideration of issue of limitation 202 Writ jurisdiction of High Court 203 Nature and extent of presumption: Standard of proof 204 Rejection of application for sending cheque to FSL 205 Money lending transaction 206 Finding of civil court, effect of 207 Application for opinion of handwriting export 208 Preponderance of probabilities 209 Power of successor Magistrate 210 Revision, scope 211 Remand of case 212 Instruction, while working abroad 213 Filing of case against directors 214 Cheques whether supported by consideration 215 Both criminal proceedings and civil remedies can be pursued 139 Presumption in favour of holder 1 Presumption against the drawer 2 Scope 3 Termination of dealership due to dishonour of cheque 4 Nature and extent of presumption 5 Shall be presumed 6 Propriety of presumption 7 Unless the contrary is proved 8 Rebuttal evidence: Quantum of 9 Holder of a cheque as referred to in section 138 10 Rebuttal plea 11 Non-rebuttal of presumption 12 Presumption available to payee and holder 13 Discharge in whole or in part of any debt or other liability 14 Presumption of existence of legally enforceable debt 15 Opinion of handwriting expert 140 Defence which may not be allowed in any prosecution u/s 138 1 Scope 2 Exclusion of mens rea 3 It shall not be 4 Reason to believe 5 'Issuance' of cheque 6 Cheque may be dishonoured on presentation 7 Closure of account prior to date of drawal of cheque 141 Offences by companies 1 Offences by companies 2 Non-banking financial companies 3 Scope 4 “At the time the offence was committed”, scope of 5 Complaint, maintainability 6 Non-incorporation of particulars 7 Reliance on affidavit 8 Validity, 9 Expression 'Company': Meaning and scope 10 Expression "other association of individuals" 11 Status of a sole proprietorship concern 12 Liabilities of a firm and its partners 13 Joint family business 14 Legal liabilities of a company 15 Summon upon a Company: Mode 16 Dishonour of cheque by a Society 17 Trustees of a trust 18 Hindu Undivided Family (HUF) 19 Section 141, sub-section (1) (a) Every person incharge (b) Vicarious liability (c) Quashing of prosecution (d) As well as the company 20 Post-dated cheques 21 Demand notice 22 Section 141 — First proviso — Meaning of 23 Nominated directors not liable for prosecution — Second proviso 24 Section 141(2): With the consent or connivance of, or is attributable to, any neglect on the part of 25 Section 141(2): Director — Manager or other officer — Meaning of 26 Vacation of office: Quashing of prosecution 27 Vicarious liability: Prosecution of Director: Sustainability 28 Winding up proceedings pending 29 Explanation (b) 30 Company not prosecuted 31 Proceeding against company and its Managing Director 32 Companies under winding up 33 Companies under insolvency proceedings 34 Sick industrial companies 35 Duty of Courts: Frivolous litigation 36 Company changing name 37 Unregistered Partnership firm 38 Commission of offence 142 Cognizance of offences 1 Scope 2 Proviso defers prosecution 3 Notwithstanding anything contained in Code of Criminal Procedure 4 Filing of complaint: Legal requirements 5 Cognizance of the offence: Section 142(1)(a) 6 Complaint by payee or holder in due course 7 Fresh complaint remedy 8 Complaint by company 9 Complaint by co-operative society 10 Complaint by Government Company 11 Sole proprietorship firm 12 Partnership firm 13 Complaint by unregistered firm 14 Limitation for taking cognizance 15 Cheques issued in favour of bank 16 Complaint in writing: Section 142(1)(b) 17 Issuing of fresh demand notice 18 Complaint filed by power of attorney holder 19 Ingredients of offence 20 Complaint filed by advocate 21 Complaint sent by post 22 "Within one month of the date on which the cause of action arises" 23 Quashing of prosecution 24 Sufficient cause for not making a complaint within time 25 Amendment prospective, not retrospective 26 Premature complaint 27 Jurisdiction of the court: Section 142(1)(c) 28 Cause of action 1090 29 Defective notice 1091 30 Question of limitation 1092 (a) With effect from 6-2-2003 1092 (b) Prior to 6-2-2003 1092 31 Prospective Operation 1092 32 Successive presentation of cheque: Cause of action: Computation of 1094 33 Importance of date seal of court on copy of complaint to be served on accused 1095 34 Magistrate cannot refer the complaint to police for investigation 1096 35 Nature of enquiry before issue of process 1096 36 Recommended procedure for trial of section 138 complaint 1096 37 Non-applicability of section 29(2) of the Cr PC 1097 38 When punishment more severe than Magistrate empowered to give warranted 1097 39 Power of Court 1097 40 Power of attorney holder 1097 41 Territorial jurisdiction settled by the insertion of section 142(2) 1098 42 Mode of delivery 1099 142A Validation for transfer of pending cases 1099 1 Transfer of pending cases 1100 2 Refiling of complaint 1101 143 Power of Court to try cases summarily 1101 1 Trial of offence: Summary procedure 1102 2 Summary trial of cases 1103 3 Dismissal of complaint on non-appearance 1104 4 Recording of reasons: Requirement of 1105 5 Summary trial provisions under the Code of Criminal Procedure 1105 6 Sentence of imprisonment or fine 1107 7 When the Magistrate may not hold a summary trial 1108 8 Day to day trial 1108 9 Trials to conclude within six months 1108 10 Directions to courts, for speedy disposal of dishonour of cheque cases 1109 143A Power to direct interim compensation 1110 1 Object 1111 2 Section 143A is prospective in operation 1111 3 Power to direct interim compensation 1111 4 Amount of interim compensation 1113 5 Payment of interim compensation 1113 6 Refund of interim compensation with interest in case of acquittal 1113 7 Recovery of interim compensation 1113 8 Provision, whether directory or mandatory 1114 9 Interim compensation to be reduced from fine imposed 1114 10 Recording reasons — Necessary 1114 144 Mode of service of summons 1115 1 Service of summons by speed post/courier 1115 2 Refusal to take delivery of summons, effect of 1115 145 Evidence on affidavit 1117 1 Evidence on affidavit 1117 2 Section 145 not to be dissected into pre-summoning and post-summoning stage of trial 1118 3 Section 145 is an enabling provision 1119 4 Scope and nature of provision: Overriding effect 1121 5 Right to fair trial 1122 6 Amendment retrospective or prospective 1123 7 Territorial jurisdiction 1124 146 Bank's slip prima facie evidence of certain facts 1125 147 Offences to be compoundable 1125 1 Compounding of offence 1125 2 Right of accused to tender his evidence on affidavit 1126 3 Procedure to be followed: Applicability of section 320, Cr PC 1127 4 Reference of parties to mediation 1130 5 Permission from Court 1133 6 Deposit of 'Amount due' in Court 1133 7 Mere compromise and an action of compounding a crime: Distinction 1134 8 Payment of Compensation 1134 148 Power of Appellate Court to order payment pending appeal against conviction 1135 1 Object 1136 2 Power of Appellate Court to order payment pending appeal against conviction 1136 |
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