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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Mohd. Aftab – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. overview of loan and cheque case (Para 2 , 3 , 4) |
| 2. compounding of cheque dishonor offense (Para 6 , 7 , 8) |
| 3. limited scope of revisional jurisdiction (Para 9) |
| 4. dismissal of petition and imposition of cost (Para 10 , 11) |
JUDGMENT
Subramonium Prasad, J.
1. This revision petition under Section 397 Cr.P.C. read with Section 482 Cr.P.C. is directed against the judgment dated 24.12.2020 passed by the learned Additional Sessions Judge-03, East Karkardoom Courts, Delhi, passed in Criminal Appeal No. 27/2020.
2. The facts, in brief, leading up to this petition are as follows:
a) On 02.07.2013 and on 08.08.2013, Respondent No.2 had borrowed sum or Rs. 1,50,000/- and Rs. 1,00,000/-, respectively, from the Petitioner/Complainant, for the purpose of constructing a house. It is stated that for repayment of the loan, Respondent No.2 issued cheque no. 365655 dated 01.11.2014 for a sum of Rs. 2,50,000/-, and this cheque was dishonoured on presentation. On failure of payment, the Petitioner filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, (hereinafter, "N.I. Act") bearing old case C.C. No. 70/2015, and new C.C. No.2512/2017 before the Ld. Metropoli
The offense under Section 138 of the N.I. Act becomes unpunishable once compounded, disallowing claims for compensation under Section 357(3) Cr.P.C.
The petitioner's failure to rebut the presumption under Section 139 of the N.I. Act and the abuse of indulgence granted by the court amounted to contempt.
The main legal point established is that the Appellate Court cannot enhance the sentence by ordering compensation in the absence of an appeal by the complainant.
The revisional power of court under Sections 397 to 401 Cr.P.C. is not to be equated with that of an appeal. Unless finding of the court, whose decision is sought to be revised, is shown to be perver....
(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 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....
The court established that offences under Section 138 of the Negotiable Instruments Act can be compounded post-conviction, prioritizing compensatory justice.
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