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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Bisal Dutta S/o. Lt. Kalyan Dutta – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. S.J. Sarmah, learned counsel for the petitioner. Also heard Mr.S.C. Keyal, learned counsel for the respondent No. 2/complainant and Ms. S.H. Borah, learned Addl. Public Prosecutor for the State respondent.
2. The instant Criminal Revision Petition is filed under Sections 397, 401 read with Section 482 of the Cr.PC for setting aside of the conviction and sentence in the Judgment & Order dated 07.12.2018 passed by the learned Court of Session Judge at Jorhat in connection with Crl.A. No. 8(1)/2017 under Section 138 of Negotiable Instruments Act, 1881, (hereinafter referred to as the “N.I. Act”), whereby the appeal by the accused petitioner have been dismissed and the order passed by the learned Addl. Chief Judicial Magistrate, Sivasagar in C.R. (NI) Case No. 240/2010 is upheld, whereunder the accused person is sentenced to pay a fine of Rs. 3,60,000/- (Rupees Three Lakhs Sixty Thousand) only and in default of payment of fine to undergo Simple Imprisonment for 1 (one) year.
3. The facts of the case is that the complainant lodged a complaint on 12.11.2018 alleging inter alia that the accused petitioner alongwith few family members had constructed a Market Complex by t
The court upheld the conviction under Section 138 of the N.I. Act, affirming that a cheque issued for a legally enforceable debt is valid despite a shorter notice period for payment.
Dishonour of cheque – By making a higher demand in a notice sent under Section 138(b) of N.I. Act, would not by itself invalidate notice provided, details of claim towards additional amounts are spec....
Point of law : Negotiable instruments - Though in the notice, the demand for compensation, interest, cost, etc. is also made, the drawer will be absolved from his liability under Section 138 of the N....
A cheque issued as security can be subjected to Section 138 liabilities; presumption under Section 139 requires the accused to establish a probable defence for avoidance of conviction.
The cause of action for filing a complaint under Section 138 of the Negotiable Instruments Act cannot arise before expiry of 15 days from the date of service of notice upon the accused.
Failure to rebut presumption under Sections 118 and 139 of NI Act by proving probable defence results in conviction under Section 138 for cheque dishonour, even if claimed as security; revisional jur....
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