Back
SANJAY K. AGRAWAL
Manoj Bithalkar – Appellant
Versus
P. K. Rai, S/o Late Shri D. P. Rai – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. Since common question of fact & law is involved in both the revisions and both arise from one & same criminal trial i.e. Criminal Complaint Case No.1512/2010, they have been clubbed together and heard together and are being disposed of by this common order.
2. The applicant herein purchased a part of land from the non-applicant herein situate at Village Khamtarai amounting to Rs.13,60,000/- for which agreement was executed between them on 27-5-2005 and some payment was also made and for the outstanding payment of Rs.5,44,000/-, eight different cheques on eight different dates were issued in favour of the non-applicant from 5-1-2006 to 30-1-2006. On 4-7-2006, the non-applicant deposited all the cheques in his bank which were got dishonoured on 5-7-2006 holding that ‘account closed’ and accordingly, legal notice was sent by the non-applicant to the applicant on 10-8-2006 which got returned on 14-8-2006. Accordingly, one common complaint was filed on 13-9-2006 by the non-applicant herein / complainant whereupon trial was conducted and the trial Court by judgment dated 31-10-2011 convicted the applicant under Section 138 of the Negotiable Instruments Act,
A single complaint is maintainable for multiple dishonoured cheques issued on the same cause of action, as established by the Supreme Court.
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....
Compensation under Section 357(3) of CrPC must be reasonable and not exceed the actual loss suffered, aligning with the cheque amount in dishonor cases.
(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 court emphasized the need for uniformity in compensation for cheque dishonour cases, affirming that compensation should reflect the cheque amount and interest, as established in prior Supreme Cou....
The compensatory aspect is paramount in Section 138 cases, and trial courts must ensure adequate compensation to complainants while exercising discretion in sentencing.
The compensatory nature of the offense under Section 138 of the NI Act and the legislative intent to deter dishonour of cheques influenced the court's decision in setting aside the additional fine im....
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
