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CHANDRA KUMAR SONGARA
Arjun Arora – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. criminal complaint and cheque dishonor details (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner's arguments against interest and costs (Para 6 , 7 , 8) |
| 3. court's analysis of the revisional order and legal standards (Para 9 , 11 , 12) |
| 4. establishment of conditions for closing criminal proceedings (Para 10 , 13) |
| 5. dismissal of the present petition (Para 14) |
ORDER :
Chandra Kumar Songara, J.
Instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of the accused-petitioner against the order dated 28.06.2018 passed by the Court of Rent Appellate Tribunal, Jaipur Metropolitan (Additional Sessions Judge (Summer Vacation) (herein-after referred to as 'the Revisional Court'), in Criminal Revision Petition No.22/2018, whereby while partly allowing the revision petition, directed the petitioner to pay the exorbitant interest @ 18% per annum from the date of cheque till the date of payment and imposed the costs of Rs.50,000/-, and the order dated 06.12.2017 passed by the Court of Special Metropolitan Magistrate (N.I. Act Caes) No.13, Jaipur Metropolitan (herein-after referred to as 'the trial Court'), dismissing the application filed by th
The death of an accused in a criminal revision case abates the sentence of imprisonment but does not affect the enforcement of ordered compensation, highlighting the distinct treatments of punishment....
The main legal point established in the judgment is the application of the presumption under Section 139 of the Negotiable Instruments Act and the importance of proving the contrary to rebut the pres....
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....
The denial of liability and refusal to pay the cheque amounts by the accused constituted a valid cause of action for filing the complaint under Section 138 of the NI Act, despite being filed before 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....
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