G. A. SANAP
Pradeep S/o Yashwant Nagrale – Appellant
Versus
Vyankanna S/o Laxmanna Gorantiwar – Respondent
JUDGMENT (ORAL)
Heard.
2. Admit. The application is heard finally with the consent of the learned Advocates for the parties at the admission stage.
3. In this criminal revision application, challenge is to the judgment and order dated 6.02.2017 passed by the learned Additional Sessions Judge, Chandrapur, whereby the learned Additional Sessions Judge dismissed the appeal filed by the applicant/accused against his conviction and sentence for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the N.I. Act” for short). The learned Chief Judicial Magistrate, Chandrapur, on conviction, had sentenced the applicant/accused to undergo simple imprisonment for six months and to pay compensation of Rs.1,45,000/- and in default of payment of compensation to further suffer simple imprisonment for six months.
4. The facts are as follows:
In this judgment, the parties would be referred by their nomenclature in the complaint. The applicant is the accused and the non-applicant No.1 is the complainant. The complainant and accused are family friends. It is the case of the complainant that the accused had promised a job to his son in railway de
An agreement that involves unlawful consideration is void ab initio, and no legally enforceable debt arises from it, which precludes the application of Sec. 138 of the N.I. Act.
(1) Dishonour of cheque – Where complainant’s case is based on a specific claim that money was given for securing a TNSTC job and cheque was issued to repay this amount, there is no legally enforceab....
Payments made for securing employment are considered void due to public policy, negating any legally enforceable debt.
Payments made for illegal purposes do not create legally enforceable obligations, thus dishonour of cheques issued in such contexts cannot lead to prosecution under Section 138 of the Negotiable Inst....
An illegal contract voids any associated debt, thus a cheque issued under such a contract does not constitute a legally enforceable liability under Section 138 of the N.I. Act.
Burden of proving that a chqeue has not been issued for debt or liability is on the accused, after the initial burden is discharged.
The legality of a transaction affects enforceability; payments for illegal purposes cannot be legally recovered even if a cheque is issued.
An agreement that involves inducing a public officer for money or valuable consideration, and is contrary to public policy, is void from the beginning and cannot be enforced.
The court upheld the convictions under Section 138 of the Negotiable Instruments Act, affirming that dishonour of a cheque creates a statutory presumption of liability, which the accused failed to re....
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