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ANUBHA RAWAT CHOUDHARY
Shatrughan Chiraniya, son of Late Moti Lal Chiraniya – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
This criminal revision has been filed against the judgment of dismissal of Criminal Appeal No. 59 of 2017 dated 15.01.2019 passed by Additional Sessions Judge-I, Rajmahal.
2. The petitioner has been convicted vide judgment dated 18.11.2017 for the offence under section 420 of Indian Penal Code (in short I.P.C.) and section 138 of the Negotiable Instruments Act, 1881 (in short N.I. Act) in a complaint case being P.C.R. Case No. 673 of 2014 the Judicial Magistrate, 1st Class, Rajmahal.
3. The petitioner has been punished to undergo Rigorous imprisonment of 3 years and to pay fine of Rs. 5000/- and in default of payment of fine to further undergo simple imprisonment for two months under section 420 IPC. Further the learned Magistrate has been pleased to impose simple imprisonment for one year along with payment of compensation amount of Rs. 8,00,000/- to the opposite party No. 2 (hereinafter referred to as the complainant) and in default of payment of compensation further undergo simple imprisonment for one month under section 138 of the N.I. Act.
Arguments of the petitioner.
4. The learned counsel for the petitioner submits that the basic ingredien
The judgment establishes that the absence of dishonest intention at the inception of a transaction is critical for a conviction under Section 420 IPC, and that a complaint under Section 138 of the N.....
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....
The court distinguished between offences under S.138 and S.420, affirming that acquittal in one does not bar prosecution in the other due to differing legal elements.
To establish an offense under Section 138 of NI Act, there must be a subsisting account at the time of issuing or presenting the cheque, and burden lies on complainant to prove due execution when exe....
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.
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