N.i.act
E. Venugopal
(Querist) 17 September 2011
This query is : Resolved
I have read an article written by Varahagiri Prasada Rao in 2011 (3) ALT (CRL.) September, 2011 volume. According to him the Act. 30 of 2001 which added section 138 to 147 of N.I. Act has been repealed vide "Repealing and Amending Act, 2011 (Act.30 of 2001) and the assent of President on 3-9-2001 and published in the Gazette of India dated 3-9-2001 Pt.II S.I. Ex.P.1 (No.37). According to him now there is no Section of 138 to 147, from 2001 years itself, but still the courts are silent and giving punishments and conducting trial. Please experts read the article and share your views about the same.
R.Ramachandran
(Expert) 17 September 2011
I think that there is some confusion.
Even in your above posting, it is said that Sec. 138 to 147 has been added vide Act 30 of 2001.
Subsequently the Repealing and Amending Act, 2011 has been mentioned as Act. 30 of 2001, vide which the Sec. 138 to 147 has been abolished.
How can by the same Act i.e. Act 30 of 2001 both the addition of Sections 138 to 147 and repeal of Sections 138 to 147 can take place.
If possible, please scan and paste the article of Mr. Varahagiri Prasada Rao so that we can go through the same.
Raj Kumar Makkad
(Expert) 17 September 2011
I require you to read that article again and post your query again if any specific questiton/doubt is found there.
E. Venugopal
(Querist) 17 September 2011
sir, I am submitting the conclusion lines of that Articles which is as follows:
So, viewed in any angle, I humbly state with all my little knowledge, honesty, intergrity and sincerity that Chapter XVII of Negotiable Instruction Act, 1881 (Act 26 of 1881) has been no more on the statute book right from the passing of Act 30 of 2001 with effect from 3-9-2001 and this Act has not been brought to the notice of the courts including Apex Court, a volley of cases relating to the so-called offence under Section 138 of NI Act (Act 26 of 1881) have had been tried and disposed either punishing or acquitting the drawer of the cheque for no fault of his in giving a cheque to the drawee, which gives purely a civil right to obtain a decree for money, like a promissory note. Anyway, this aspect was not considered by any court including Supreme Court till today, holding or negativing my honest opinion."
prabhakar singh
(Expert) 17 September 2011
better post the article it self now.
R.Ramachandran
(Expert) 18 September 2011
Dear Mr. Venugopal,
Please post the entire article. (Because every one is not readily having ALT (CRL.) journal.
Guest
(Expert) 18 September 2011
Unbelievable. If Mr. Varahagiri Prasada Rao was in the knowledge of any such repealing act of 2001 that repealed Ch. XVII of the NI Act introduced the same year, he could well have come forward with the details of Gazette Notification also.
It is not possible that the Act when passed could not be notified through Gazetter Notification.
As desired by Shri Ramachandran, Mr. Venugopal may like to reproduce the article in full, or at least he can give weblink of the journal ALT (CRL.) September, 2011 issue in which the article is said to have been published.
E. Venugopal
(Querist) 18 September 2011
sorry sir, rightly I am not having scanner, by tomorro I will try to scan copy or I will type and post the full article. Dhingra Sir, I have given gazette notification sl.no. and date also in my first post.
R.Ramachandran
(Expert) 20 September 2011
Dear Mr. Venugopal,
Yes, it is true that you gave gazette notification particulars. But that is not available on the net in spite of due search.
That is why, the sooner you come up with either the scanned version of the article or the typed version.
prabhakar singh
(Expert) 20 September 2011
yeah ,i also searched but could not find Dear!
R.Ramachandran
(Expert) 21 September 2011
Dear Mr. Venugopal,
We are waiting for your post.
girish shringi
(Expert) 23 September 2011
No complications in the Laws at all and if anyone misinterpreted in the article it may be mistake.
R.Ramachandran
(Expert) 24 September 2011
Dear Mr. Venugopal,
What is holding up?
E. Venugopal
(Querist) 25 September 2011
Sorry friends, due to my grand mother (nani) death, i could not post it. Now i have typed the article, please read it and give your suggestion
R.Ramachandran
(Expert) 25 September 2011
Dear Mr. Venugopal,
In fact we should feel and we do feel sorry that we unnecessarily disturbed you in your period of grief.
Now that I have seen the article, I will do my research and come back soon.
Regards,
R.Ramachandran
