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V. SRISHANANDA
Sushil Kumar Churiwala – Appellant
Versus
Akshay Bansal – Respondent
ORDER (ORAL)
Heard Sri. Hemachandra R. Pai, learned counsel appearing on behalf of Sri. M.N. Nehru, learned counsel for the revision petitioner and Sri. Brijesh Edupuganti, learned counsel appearing on behalf of Sri. Ramakrishnan S., learned counsel for the respondent.
2. Accused filed a revision petition challenging the order passed in CC No.54198/2017 dated 16.10.2018 on the file of XV Additional Judge and 23rd CMM, Court of Small Causes, Mayo Hall Unit, Bengaluru which was confirmed in Crl.A.No.25215/2018 dated 24.12.2021 on the file of XIII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (CCH-22) for the offence punishable under Section 138 of the Negotiable Instruments Act.
3. Operative portion of the order passed by the learned Trail Magistrate and order passed by the Learned Judge in the First Appellate Court reads as under:
Order in CC No.54198/2017:
“Accused found guilty for the offence punishable under Section 138 of the NI Act.
Acting under Section 255(2) of Cr.P.C. I hereby convict the accused for the offence punishable under Section 138 of the NI Act and sentence him to undergo simple imprisonment for 6 months and shall pay fine of Rs.10,000/-
(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....
The court holds that offences under the Negotiable Instruments Act can be compounded at any stage of the proceedings, reaffirming their compensatory nature over punitive.
The compensatory aspect is paramount in Section 138 cases, and trial courts must ensure adequate compensation to complainants while exercising discretion in sentencing.
A single complaint is maintainable for multiple dishonoured cheques issued on the same cause of action, as established by the Supreme Court.
Compounding of offences under Section 138 of the Negotiable Instruments Act can be permitted at any stage, including post-conviction, emphasizing compensatory justice over punitive measures.
The court affirmed that offences under the Negotiable Instruments Act are compoundable at any stage, including post-conviction, prioritizing compensation over punishment.
The court affirmed that offences under the Negotiable Instruments Act are compoundable at any stage, including post-conviction, prioritizing compensation over punishment.
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