Back
V. SRINIVAS
T. Venkata Sivaiah – Appellant
Versus
Ravi Ramamohana Rao – Respondent
JUDGMENT
1. Assailing the calendar and judgment dtd. 3/4/2007 in C.C.No.163 of 2006 on the file of the Court of learned Special Judicial Magistrate of First Class for Excise, Guntur, the petitioner/complainant filed the present criminal revision case under Sec. 397 r/w.401 of the Criminal Procedure Code, 1973 (hereinafter referred to as "Cr.P.C.").
2. The revision case was admitted on 23/11/2007.
3. The shorn of necessary facts are that:
i) Petitioner was running a Timbers shop under the name and style of Jyothi Timbers and he took the shop of respondent/accused on lease for monthly rent of Rs.3, 500.00 and he paid an amount of Rs.15, 000.00 towards advance to the respondent and same shall be returnable by the time of vacating the said shop and that petitioner/complainant said to have paid the rent regularly and no dues regarding the rent of the said shop.
ii) Subsequently, petitioner vacated the said shop and at that time, respondent issued Ex.P.4 cheque, dtd. 30/10/2004 for an amount of Rs.19, 000.00 drawn on Central Bank of India, Guntur towards part payment of the said advance amount. The said cheque was presented for collection on 9/12/2004 in Central Bank of India, Kothapet Br
The offense under Sec. 138 of N.I.Act is primarily a civil wrong, and the court has the discretion to impose fines instead of imprisonment, considering the compensatory nature of the offense.
The compensatory nature of proceedings under Section 138 of NI Act and the recoverability of compensation under Section 421 of Cr.P.C were central to the court's decision.
The main legal point established is that the drawer of a cheque cannot take advantage of their own fault and must comply with the legal requirements under Section 138 of the Negotiable Instruments Ac....
The compensatory nature of proceedings under Section 138 of NI Act and the court's authority to modify the sentence and compensation amount based on relevant legal provisions.
The compensatory nature of proceedings under Section 138 of the Negotiable Instruments Act and the recoverability of compensation even after default sentence as provided in Section 357(3), 421, and 4....
The court considered the compensatory nature of the offence under Sec. 138 of the Act, the realization of the cheque amount, and the legal principles from relevant judgments to set aside the convicti....
(1) Reasons – Reasons are obvious inasmuch as if a cheque gets dishonored, the payee will suffer hardship in meeting his financial commitments. (2) Object and Reasons – The prime object of enacting t....
(1) Reasons – Reasons are obvious inasmuch as if a cheque gets dishonored, the payee will suffer hardship in meeting his financial commitments. (2) Object and Reasons – The prime object of enacting t....
Appellate court cannot confirm conviction under NI Act s.138 and remit solely for resentencing; must decide additional evidence applications; magistrate may impose fines exceeding CrPC s.29 limit via....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
