S.138 of NI Act, 1881 : An Important View of Supreme Court

 S.138 of NI Act, 1881 : An Important View of Supreme Court

In context of Negotiable Instruments Act, 1881, an important Judgment was passed on 1 August 2014 by Hon'ble Supreme Court.

It has been commented at page 20, 21 of Dashrath Rupsingh Rathod v State of Maharashtra [2014] GCtR 2731 (SC) thus : - 

"The infusion of the concept of ‘cause of action’ into the criminal dispensation has led to subsequent confusion countenanced in High Courts."

"Courts are enjoined to interpret the law so as to eradicate ambiguity or nebulousness, and to ensure that legal proceedings are not used as a device for harassment, even of an apparent transgressor of the law. Law’s endeavour is to bring the culprit to book and to provide succour for the aggrieved party but not to harass the former through vexatious proceedings. Therefore, precision and exactitude are necessary especially where the location of a litigation is concerned."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment, for example, as 1 August 2014.

Written by 

Vishal

Delhi

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