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Judgement |
| NEGOTIABLE INSTRUMENTS ACT, 1885 |
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| NEGOTIABLE INSTRUMENTS ACT, 1885 |
NI Act — S 138 — IPC — S 114 — Writing of cheque — by a person on whose account the cheque is not drawn — Held, there is no question of issuance process against him for the offences punishable u/s 138 of N.I. Act r/w Section 114 of I.P.C — Proceedings quashed — Application allowed — CrPC — S 204 & 482. (Para 7) |
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| NEGOTIABLE INSTRUMENTS ACT, 1885 |
NI Act — S 138 — Scope of — Held, where any cheque drawn by a person on an account maintained by him with a banker — for payment of any amount of money to another person — from out of that account for the discharge — in whole or in part, of any debt or other liability — is returned by the bank unpaid — either because of the amount of money standing to the credit of that account is insufficient to honour the cheque — or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank — such person shall be deemed to have committed an offence and shall — without prejudice to any other provision of this Act — be punished with imprisonment for a term which may be extended to two years or with fine which may extend to twice the amount of the cheque, or with both. (Para 6) |
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| NEGOTIABLE INSTRUMENTS ACT, 1885 |
NI Act — S 138 — IPC — S 114 — Abetment under — Held, when the liability as contemplated under Section 138 of N.I. Act is of the person, who has issued the cheque drawn on the account maintained by him — there is no question of any abetment by the writer of the cheque. (Para 7) |
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| NEGOTIABLE INSTRUMENTS ACT, 1885 |
NI Act — S 138 — vis-à-vis — IPC — S 114 — Abetment — Scope of — Held, There is no scope for abetment of the offence under section 138 of NI Act— It is not an offence under IPC — But it is made an offence under the amendment made to the NI Act — It does not make mention of any abetting nor proposes to make persons abetting liable for the offence— The question of abetting does not arise—M. Inbarajan and another vs. Baladhandapani— Relied. (Para 8) |
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