AI Overview...
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Non Filing of Civil Suit - Not a Ground to Disprove Offence under Section 138 NI Act
Main points: The legal framework under Section 138 of the Negotiable Instruments Act (NI Act) emphasizes the statutory offence of dishonour of cheque, which does not depend on whether a civil suit has been filed or not. The existence of a civil suit is irrelevant for establishing or disproving the criminal offence under Section 138.
Insight: Courts have consistently held that the offence under Section 138 is a criminal offence created by statute, and its proof relies on the issuance and dishonour of cheque, not on the filing or non-filing of civil proceedings.
References: Krishna Reddy VS P. V. R. S. Mani Kumar - Madras, K. Chathukutty VS Prasanna Venkitesan - Kerala, B. Raghunandan Reddy VS V. Rajashekar Reddy - Andhra Pradesh, Appolo Tyres Ltd. VS H. M. Tyres - Andhra Pradesh, B. Mohan Krishna VS Union of India - Crimes, B. Mohan Krishna VS Union of India - Dishonour Of Cheque, Tripti Vyas VS State of Rajasthan - Rajasthan, Sendhur Agro & Oil Industries VS Kotak Mahindra Bank Ltd - Supreme Court -
Main Analysis:
The core principle is that Section 138 of the NI Act criminalizes the dishonour of a cheque issued for discharge of debt or liability. The act of issuing a cheque and its subsequent dishonour constitute the offence, independent of any civil litigation. The legal precedents affirm that non-filing of a civil suit does not negate or disprove the criminal offence. The offence's existence and proof are based on the cheque's dishonour, the notice issued, and the accused's response, not civil proceedings.
Conclusion: The absence of a civil suit or its non-filing is not a valid ground to disprove or negate the offence under Section 138 of the NI Act. The criminal liability is established through statutory criteria, irrespective of civil litigation status.
Search Results for "Non Filing of Civil Suit is Not at all a Ground to Disprove the Offence U Sec 138 of N i Act"
2010 0 Supreme(Mad) 3958 • India - Madras
R.MALA
The conviction passed by the trial Court on the respondent-accused for the offence under Section 138 of the N.I. ... The conviction passed by the trial Court on the respondent-accused for the offence under Section 138 of the N.I. ... The Court held that the notice issued by the appellant-complainant was valid under Section 138 of the N.I. ... The trial Court, after taking cognizance of the offence under Section 138....
2006 0 Supreme(Ker) 754 • India - Kerala
J.B.KOSHY, K.PADMANABHAN NAIR
Code of Criminal Procedure, 1973 - Section 394 - Negotiable Instruments Act, 1881 - Section 138 - Indian ... punishable under S.138 of the Negotiable Instruments Act and S.420 of Indian Penal Code - Held, Death of an appellant complainant ... in an appeal filed against acquittal will not terminate the proceedings. ... ---When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully ....
2014 0 Supreme(AP) 1400 • India - Andhra Pradesh
B.SIVA SANKARA RAO
It was also held by the Apex Court in Act not contemplated grant of compensation but envisages imposition of fine not exceeding twice ... 138 and 142 – Dishonour of Cheque – Promissory note - Accused approached the complainant at his residence and borrowed an amount ... Criminal Procedure Code, 1976 – Section 421 – Appeal against acquittal – Negotiable Instruments Act - Sections ... Appreciating the evidence, both oral and documentary, the Court below ultimately held that the complainant could #HL_START....
2014 0 Supreme(AP) 579 • India - Andhra Pradesh
B.SIVA SANKARA RAO
payable and committed there under no offence – Held, Accused issued the respective cheques, total 43 in number, during the period ... , 138 and 139 - Chapter XVII - Banking Public Financial Institutions and Negotiable instruments Laws - Evidence Act, 1872 - Section ... - It was held by the apex Court in that the Act not contemplated grant of compensation but envisages imposition of fine not exceeding ... Accused need not enter into the witness box and examine other wi....
• India - Crimes
M.N.RAO, S.V.MARUTHI
Challenged- Whether impugned legislation is ultra vires powers of Union Parliament on ground of want of legislative competence? ... ... Held: The nature of the offence created by Section 138 of the Act ... A statutory offence is created by Section 138 of the Act when a person issues a cheque for the discharge of whole or in part of any ... Of the five sections comprising chapter XVII of the Act (inserted by Section 4 of Act 66 of 1....
2023 0 Supreme(Bom) 1879 • India - Bombay
B. P. DESHPANDE
Act, 2001, Sec. 2(b), 2(k), 14 - The court discussed the provisions of Sec. 138 and 139 of the Negotiable Instruments Act, which ... NEGOTIABLE INSTRUMENTS - CHEQUE DISHONOUR - Negotiable Instruments Act, Sec. 138, 139; Goa Money-Lenders ... by the Act, as no interest was charged and the transactions were not conducted as a business. ... However, it must be remembered that the offence made punisha....
• India - Dishonour Of Cheque
M.N.RAO, S.V.MARUTHI
impugned legislation is ultra vires powers of Union Parliament on ground of want of legislative competence? ... ... Held: The nature of the offence created by Section 138 of the Act ... A statutory offence is created by Section 138 of the Act when a person issues a cheque for the discharge of whole or in part of any ... ... Of the five sections comprising chapter XVII of the Act (inserted by Section 4 of Act 66 of 1988), Section #....
2013 0 Supreme(Raj) 116 • India - Rajasthan
M.N.BHANDARI
u/S. 138 — Filed complaint for offence u/S. 138 of the Act — Evidence was recorded by the predecessor Magistrate — As per Sec. 262 ... Negotiable Instruments Act, 1881, Sec. 138, 143; Cr.P.C. 1973, Secs. 262 to 265 read with Sec. 326(3) — Procedure for trial of complaint ... petitioner filed application for retrial of complaint — Dismissed treating it to be a summons case — Held — Every complaint for offence ... In....
2024 0 Supreme(AP) 264 • India - Andhra Pradesh
BANDARU SYAMSUNDER
Issues: The main issue was whether there were grounds to transfer the criminal case from Amalapuram to Visakhapatnam. ... Ratio Decidendi: The court applied Sec. 407 of Cr.P.C and the principles laid down in Nahar Singh Yadav vs. ... Transfer Criminal Petition - Transfer of Criminal Case - Sec. 407 of Cr.P.C - Summary Fact of the Case: The petitioner ... . is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may order- (i) that any ....
2025 0 Supreme(SC) 460 • India - Supreme Court
J. B. PARDIWALA, R. MAHADEVAN
(A) Code of Criminal Procedure, 1973 - Section 406 - Negotiable Instruments Act, 1881 - Section 138 and 142 - Transfer petition filed ... of the N.I. ... to move a criminal case from Chandigarh to Coimbatore on grounds of jurisdiction and convenience - Court held that jurisdiction ... The automatic deduction for the EMI is not branch specific. Therefore, the same does not satisfy the conditions under Sec. 142 for filing the complaint under ....
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