AI Overview...
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Revision Allowed - Multiple cases have resulted in the revision being allowed, leading to setting aside or quashing of previous orders, including acquittals or convictions under Section 138 of the Negotiable Instruments Act. For example, Bharat Kumar VS Ram Swarath Singh - Dishonour Of Cheque, Mohamad Naushad VS Anthony Carvalho - Dishonour Of Cheque, Mohamad Naushad VS Anthony Carvalho - Crimes, Dandapani vs Sivaraman - Madras, Avtar Singh VS State Of Haryana - Punjab and Haryana, NARINDRA TEXTILE VS GIRDHAKI LAL BANSAL - Dishonour Of Cheque, K. Narayanan VS K. M. Pradeep Kumar - Kerala, P.VASU Vs A.V.KRISHNAKUMAR - Kerala, and Gurudas Budho Velip VS Premanand Krishna Anvekar - Bombay all demonstrate instances where courts have allowed revisions, often resulting in acquittals or the reopening of proceedings.
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Court Decisions & Outcomes - Courts have frequently allowed revisions based on procedural or substantive grounds such as settlement agreements, lack of proof of liability, or non-compliance with statutory requirements. Notably, many revisions led to the acquittal of accused persons under Section 138, emphasizing the strict liability nature of the offence and procedural safeguards e.g., Bharat Kumar VS Ram Swarath Singh - Dishonour Of Cheque, K. Narayanan VS K. M. Pradeep Kumar - Kerala, NARINDRA TEXTILE VS GIRDHAKI LAL BANSAL - Dishonour Of Cheque.
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Specific Grounds for Revision - Revisions were granted on various grounds including settlement agreements (Dandapani vs Sivaraman - Madras), procedural lapses, or insufficient evidence to establish liability (P.VASU Vs A.V.KRISHNAKUMAR - Kerala, Gurudas Budho Velip VS Premanand Krishna Anvekar - Bombay) and issues related to the enforceability of cheques or the legal validity of transactions (Mohamad Naushad VS Anthony Carvalho - Dishonour Of Cheque, Mohamad Naushad VS Anthony Carvalho - Crimes).
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Legal Principles - Courts reaffirmed that Section 138 proceedings require strict compliance, and failure to do so can lead to acquittal. Settlement agreements can also lead to the revision or withdrawal of charges, as seen in Dandapani vs Sivaraman - Madras.
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Overall Trend - The consistent theme across these cases is that revisions under Section 138 are often allowed when procedural or substantive flaws are identified, resulting in acquittals or quashing of convictions, underscoring the importance of strict adherence to legal requirements in cheque dishonour cases.
References: - Bharat Kumar VS Ram Swarath Singh - Dishonour Of Cheque, Mohamad Naushad VS Anthony Carvalho - Dishonour Of Cheque, Mohamad Naushad VS Anthony Carvalho - Crimes, Dandapani vs Sivaraman - Madras, Avtar Singh VS State Of Haryana - Punjab and Haryana, NARINDRA TEXTILE VS GIRDHAKI LAL BANSAL - Dishonour Of Cheque, K. Narayanan VS K. M. Pradeep Kumar - Kerala, P.VASU Vs A.V.KRISHNAKUMAR - Kerala, Gurudas Budho Velip VS Premanand Krishna Anvekar - Bombay
Search Results for "S 138 Revision Allowed"
• India - Dishonour Of Cheque
S.S.SARON
... Result: Revision allowed accordingly. ... (No)—Result—Revision allowed (Paras 7 to 10) —Case remand for further trial—Cr.P.C. ... 1973—Section 397(2)—Criminal Revision under. ... With the above observations, the criminal revision stands allowed and the impugned Order dated 13.9.1999 is set aside and quashed. Any observation made herein shall not affect the merits of this case or any other case pending between the parties inter se. ... * * * * * ... The facts....
• India - Dishonour Of Cheque
N.A.BRITTO
cheque—Issuance of process against accused u/s 138—Revision application —Allowed by Sessions Judge on ground that amount of cheque ... (Paras. 14 to 18) ... Result: Petition allowed ... vessel being a Benami Transaction was clearly prohibited by virtue of Section 4 of Benami Transactions (Prohibition) Act, 1988—Revision ... ... Petition allowed. ... ******* ... —This revision is directed against Order dated 12-7-2006, of the learned Sessions Judge, Margao. ... 2. S....
• India - Crimes
N.A.BRITTO
— Revision application — Allowed by Sessions Judge on ground that amount of cheque, could not be recovered as legally enforceable ... (Paras. 14 to 18 ) ... Result: Petition allowed ... Petition allowed. ******* ... — This revision is directed against order dated 12-7-2006, of the learned Sessions Judge, Margao. 2. Some facts are required to be stated to dispose of the present revision. ... The accused preferred a revision application against the said Order dat....
2025 Supreme(Online)(Mad) 67094 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.Victoria Gowri, J
(A) Negotiable Instruments Act, 1881 - Section 138 - Criminal Revision Case allowed based on the settlement agreement dated 23.07.2025 ... The Criminal Revision Case is allowed in terms of the settlement agreement dated 23.07.2025. ... Being dissatisfied with the dismissal of the appeal, the petitioner has preferred the present Criminal Revision Case. 4. ... ORDER Section 138 of Negotiable Instruments Act, the dispute is private in nature. Hence, this Court is inclin....
2018 0 Supreme(P&H) 4478 • India - Punjab and Haryana
SUDHIR MITTAL
Negotiable Instrument Act - Revision Petition - Compounding of Offence under Section 138 - The court allowed the revision petition ... Finding of the Court: The court allowed the revision petition, set aside the impugned judgment/orders, and acquitted ... Final Decision: The revision petition was allowed, the impugned judgment/orders were set aside, and the petitioner was acquitted ... Rs. 15,000/- by the petitioner with the Haryana State Legal Se....
• India - Dishonour Of Cheque
AMAR DUTT
Negotiable Instruments Act - Conviction under Section 138 - The court allowed the revision petition and acquitted the petitioners ... Finding of the Court: The court allowed the revision petition, set aside the conviction and sentence, and acquitted ... Final Decision: The court allowed the revision petition, set aside the conviction and sentence, and acquitted the petitioners ... In view of this, the revision petition is allowed....
2014 0 Supreme(Ker) 52 • India - Kerala
M.L.JOSEPH FRANCIS
The court allowed the revision petition, set aside the conviction and acquitted the accused. ... Final Decision: The court allowed the revision petition, set aside the conviction and acquitted the accused, stating that ... under Section 138(b) of the NI Act. ... If the accused have deposited any amount before the Trial court, they are allowed to get back that amount. ... Heard the learned counsel for the revision petitioners. At the time of argument, the learned cou....
2009 Supreme(Online)(KER) 48846 • India - High Court of Kerala
M.SASIDHARAN NAMBIAR, J
Final Decision: Revision allowed; conviction set aside and petitioner acquitted. ... Negotiable Instruments - Dishonour of Cheque - Section 138 - The court found that the evidence did not sufficiently establish ... Issues: Whether the petitioner issued the cheque in question towards the discharge of a liability under Section 138 of the ... CRRP 277/08 14 Revision is allowed. Conviction of the petitioner for the offence under Section 138 of Negotiable Instruments A....
2010 0 Supreme(Bom) 1101 • India - Bombay
N.A.BRITTO
below set aside - Accused acquitted under Section 138 of Act - Revision application allowed. ... Revision therefore succeeds. ... petition allowed. - Section 138 of the Act incorporates the principle of strict liability and being a penal provision it has got ... Considering that there was non compliance of Clause (b) of Section 138 of the Act, the accused could not have been convicted. Revision therefore succeeds. The Judgments of the Courts below ar....
2009 Supreme(Online)(KER) 7868 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Final Decision: Revision allowed in part; compensation ordered instead of fine. ... Negotiable Instruments - Cheque Dishonour - Section 138 - Summary of Legal Provisions interpreted including the circumstances ... the issuance of the cheque in question was for a valid debt, hence the dishonour of the cheque invoked liability under Section 138 ... Resultantly, this revision is allowed in part to the following extent: i. ... Notice to respondent No.2 is dispensed with in view of the o....
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