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N. S. SHEKHAWAT
Jugjit Kaur – Appellant
Versus
Rajwinder Singh – Respondent
JUDGMENT :
N.S. Shekhawat, J.
The petitioner has filed the present revision petition against the impugned judgment dated 09.01.2025 passed by the Court of Additional Sessions Judge, Bathinda and judgment and order dated 25.10.2017 passed by the Judicial Magistrate 1st Class, Bathinda, whereby, the petitioner has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act 1881 (hereinafter to be referred as ‘the Act’) and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 10,000/-. In default of payment of fine, she would further undergo rigorous imprisonment for two months. However, no compensation has been awarded to the respondent/complainant in the present case.
2. The brief facts, as highlighted in the complaint before the trial Court were that petitioner and her husband had close family relations with the respondent/complainant and out of need of money for the business purposes, petitioner, being Sole Prop. of M/s. Matharu Agro Industries, borrowed a sum of Rs.19,00,000/- in cash from the respondent about six months ago in the presence of Desa Singh son of Jawala Singh and Balwinder Singh son of Pal Sing
The compensatory aspect is paramount in Section 138 cases, and trial courts must ensure adequate compensation to complainants while exercising discretion in sentencing.
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....
(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 judgment highlights the importance of consistent and reliable evidence in cases involving the dishonoring of cheques under Section 138 of the Negotiable Instrument Act.
A single complaint is maintainable for multiple dishonoured cheques issued on the same cause of action, as established by the Supreme Court.
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