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SHAMPA DUTT PAUL
Ramananda Sengupta – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt Paul, J.
1. The present revisional application has been preferred against the Judgment and Order dated 28.01.2019 passed by the Additional District and Sessions Judge, Fast Track, 3rd Court, Malda in Criminal Appeal No. 8/2016, affirming the judgment and order of conviction of the petitioner dated 30.11.2016 passed by Learned Chief Judicial Magistrate, Malda in Case No. 1137C/2011 under Section 138 of the Negotiable Instruments Act, 1881.
2. The accused petitioner’s case is that the present case relates to a petition of complaint filed by the opposite party No. 2 before the Learned Chief Judicial Magistrate, Malda alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Upon perusal of such complaint the Learned Magistrate, was pleased to take cognizance on the same. The case was registered as Case No. 1137 C/2011.
3. The prosecution case is that on prayer of the accused person the complainant Bank sanctioned a house building loan in favour of the accused amounting to Rs. 2,00,000 (Rupees two lacs) and Rs. 1,00,000/-(Rupees one lac) respectively on 31.07.2001 and 08.03.2002 under certain terms and conditions of payment
(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....
The voluntary settlement between parties allows for quashing of convictions under Section 138 of the Negotiable Instruments Act, emphasizing a shift from punitive to compensatory justice.
The compensatory aspect is paramount in Section 138 cases, and trial courts must ensure adequate compensation to complainants while exercising discretion in sentencing.
The main legal point established in the judgment is that in cases of conviction under Section 138 of the Negotiable Instruments Act, unless there are special circumstances, fine up to twice the chequ....
Dishonour of cheque – Compounding of offence – Consent is not mandatory in compounding of offences under Section 138 of NI Act.
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