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1 - 10 of 22 (0.24 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
Section 251 in The Code of Criminal Procedure, 1973 [Entire Act]
T. Vasanthakumar vs Vijayakumari on 28 April, 2015
The another decision reported in , 2015(8) SCC 378;
T.Vasanthakumar Vs. Vijayakumari, it is held that;
Bir Singh vs Mukesh Kumar on 6 February, 2019
In view of the law laid down in the aforesaid
Rangappa's case and Bir Singh's case, the claim of the
complainant is acceptable.
Rohitbhai Jivanlal Patel vs The State Of Gujarat on 1 February, 2021
In the decision reported in, AIR 2019 SUPREME
COURT 1876, Rohitbhai Jivanlal Patel Vs. State of
Gujarat and Another; wherein it is held that;
Kishan Rao vs Shankargouda on 2 July, 2018
24. Under the facts and circumstances of this case, it is
profitable to refer the decision in, AIR 2018 Supreme
Court 3604, in a case of Krishna Rao Vs. Shankargouda,
wherein it is held that;
H. Pukhraj vs D. Parasmal on 6 August, 2014
29. POINT NO.2: In view of the reasons stated and
discussed above, the complainant has proved the guilt of
the accused punishable under section 138 of N.I. Act It is
worth to note that, the offence is of the nature of civil
wrong. Hence, it is proper to award sentence of fine,
instead of awarding sentence of imprisonment. Hon'ble
Supreme Court of India in a decision reported in, (2015)
17 SCC 368, in a case of H.Pukhraj Vs. D.Parasmal,
observed that, having regard to the length of trial and date
33 C.C.16120/2018
of issuance of the cheque, it is necessary to award
reasonable interest on the cheque amount along with cost
of litigation. The amount covered under the disputed
cheque is Rs.3,00,000/-. The date of cheque is 04.04.2018.
It is pertinent to note that, RBI monitory policy statement
of the year 2017-2018 dated 02.08.2017 provides that, the
prevailing bank rate of interest was 6.25%. By considering
all these aspects, this court is of the opinion that, it is just
and proper to imposed fine amount of Rs.3,75,000/-,
which includes interest and cost of litigation, out of which
compensation has to be awarded to the complainant.
Accordingly, this court proceed to pass the following;