Back
SUNDER MOHAN
M. Murugan, Managing Director, S & A Shipping House India Pvt Ltd. , Tirupur – Appellant
Versus
Sreedhar Clearing Service P. Ltd. , Rep by Managing Director, Sridhar Reddy, Chennai – Respondent
JUDGMENT
(Prayer: Criminal Revision Petition filed under Section 397 r/w 401 Criminal Procedure Code, to set aside the order of conviction dated 25.11.2011 passed in C.A.No.167 of 2015 by the VI Additional Sessions Judge, City Civil Court at Chennai in dismissing the Appeal by confirming order of conviction dated 31.07.2015 in C.C.No.1869 of 2019 passed by learned Metropolitan Magistrate, Fast Track Court – 4, George Town, Chennai.)
1. This Revision arises against the Judgement of the learned VI Additional Sessions Judge, City Civil Court at Chennai
2. The petitioner faced prosecution for the offence under Section 138 of the Negotiable Instruments Act in C.C.No.1869 of 2010 on the file of the learned Metropolitan Magistrate, Fast Track Court No.4, George Town, Chennai – 600 001. The prosecution case is that the petitioner had borrowed a sum of Rs.1,46,646/- (Rupees One Lakh Forty Six Thousand Six Hundred and Forty Six only) from the Respondent to meet his urgent business needs and agreed to repay the said amount. Towards discharge of the said debt, the petitioner issued two post dated cheques drawn on Lakshmi Villas Bank Ltd., Tirupur for a sum of Rs.1,46,646/- (Rupees One Lakh Forty
The compensatory nature of proceedings under Section 138 of NI Act and the recoverability of compensation under Section 421 of Cr.P.C were central to the court's decision.
The compensatory nature of proceedings under Section 138 of NI Act and the court's authority to modify the sentence and compensation amount based on relevant legal provisions.
The compensatory nature of proceedings under Section 138 of the Negotiable Instruments Act and the recoverability of compensation even after default sentence as provided in Section 357(3), 421, and 4....
The main legal point established is that the drawer of a cheque cannot take advantage of their own fault and must comply with the legal requirements under Section 138 of the Negotiable Instruments Ac....
Modification of sentence under Section 138 of the Negotiable Instruments Act balances punishment with opportunity for compensation.
Modification of sentence in dishonour of cheque cases is warranted when the original penalty is deemed excessive given the offence's nature.
Compounding of the offence under Section 138 of the Negotiable Instruments Act led to the acquittal of the accused.
The judgment reaffirmed the presumptive liability under Section 138 of the Negotiable Instruments Act, reiterating the burden of proof lies on the accused to rebut claims of cheque dishonor.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
