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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG
Gangaram Dani – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present criminal appeal has been filed by the accused appellant Ganga Ram Dani against the order dated 20.09.2021 passed by learned Sessions Judge, Pali in Criminal Appeal No. 33/2017 whereby, the appellate Court partly allowed the appeal filed by the respondent no.2 and while modifying the order dated 29.09.2016 passed by Special Judicial Magistrate (N.I. Act cases), Pali, enhanced the amount of compensation from Rs. 1,10,000/-to Rs.2,00,000/-.
2. Brief facts of the case are that the respondent complainant lodged a complaint under Section 138 of the Negotiable Instruments Act, against the appellant, whereupon a case bearing Criminal Case No. 1237/2015 came to be registered against him before the learned Special Judicial Magistrate (N.I. Act Cases), Pali. After due course of trial, the learned trial court convicted the appellant for offence under Section 138 of N.I. Act vide judgment dated 29.09.2016 but instead of imprisonment, the learned court granted benefit of probation under Section 4(1) of Probation of Offenders Act and directed the appellant to submit bail bonds in the sum of Rs. 10,000/- to keep peace and good behaviour for a period of one year and further ord
Compensation under Section 138 of the Negotiable Instruments Act must be proportionate to the dishonoured cheque amount and not punitive for delays in resolution.
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....
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 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....
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