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ANUBHA RAWAT CHOUDHARY
Kaustubh Infra Space, through its authorized representative-cum-partner Ajay Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anubha Rawat Choudhary, J.
Learned counsel for the parties are present.
2. This criminal revision petition has been filed for setting aside of the judgment dated 08.09.2022 passed in Criminal Appeal No. 37 of 2020 by learned Additional Judicial Commissioner VII-cum Spl. Judge, CBI-II (AHD), Ranchi whereby the criminal appeal filed by the petitioner has been dismissed.
3. From the perusal of office note, it appears that undelivered registered cover upon opposite party nos. 2 and 3 has been received stating that the recipient has left the mentioned address and the wife has refused to receive the notice.
4. Learned counsel for the opposite party-State is present.
5. Heard the learned counsel for the petitioner and the learned counsel for the State on the merits of the case.
6. Learned counsel for the petitioner has submitted that the petitioner is the complainant who had filed a petition under section 138 of Negotiable Instruments Act, 1881 relating to dishonour of cheque of Rs. 23 lakhs on 18.11.2017. The legal notice was issued on 15.12.2017 and despite service of notice, the cheque amount was not paid. Consequently, Complaint Case No. 315 of 2018 was filed. The learned counsel
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....
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....
A single complaint is maintainable for multiple dishonoured cheques issued on the same cause of action, as established by the Supreme Court.
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.
The compensatory aspect is paramount in Section 138 cases, and trial courts must ensure adequate compensation to complainants while exercising discretion in sentencing.
(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....
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