9911796707
TMI Blog2021 (7) TMI 1156X X X X Extracts X X X X X X X X Extracts X X X X ..... riminal wolf's clothing and has reiterated the law laid down - Similarly, in M/S. METERS AND INSTRUMENTS PRIVATE LIMITED ANR. VERSUS KANCHAN MEHTA [ 2017 (10) TMI 218 - SUPREME COURT] , it has been held that nature of offences under Section 138 of Negotiable Instruments Act is primarily a civil law and 2002 amendment specifically made it compoundable. Thus, it is clear that proceedings under Section 138 of Negotiable Instruments Act are civil in nature with criminal overtones - impugned order is quashed - respondent is directed to allow petitioner to run the Petroleum outlet allotted to him vide agreement dated 1.8.2008 - petition allowed. - WRIT PETITION NO. 5339/2021 - - - Dated:- 20-7-2021 - HON'BLE SHRI JUSTICE VISHAL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urpitude. Offence under Negotiable Instruments Act is a Civil Law. Negotiable Instruments Act was enacted so that there is trust in commercial transactions and people may pay their debts. In support of his submission, learned counsel for the petitioner has relied on judgment reported in P. Mohanraj and Others vs. Shah Brothers Ispat Pvt. Ltd., 2021 SCC Online SC 152, para-48 which is quoted as under:- A perusal of this judgment would show that a civil proceeding is not necessarily a proceeding which begins with the filing of a suit and culminates in execution of a decree. It would include a revenue proceeding as well as a writ petition filed under Article 226 of the Constitution, if the reliefs therein are to enforce rights of a civil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation. 6. Heard learned counsel for the parties. 7. Apex Court in the case of P. Mohanraj and Others (supra) has reiterated that proceedings under Negotiable Instruments Act are basically civil in nature having criminal colour. Apex Court has defined the proceedings aptly as civil sheep in a criminal wolf's clothing and has reiterated the law laid down. In the case of Kaushalya Devi Massand vs. Roopkrishore Khore (2011) 4 SCC 593, it has been held in para-11 as under:- Having considered the submissions made on behalf of the parties, we are of the view that the gravity of a complaint under the Negotiable Instruments Act cannot be equated with an offence under the provisions of the Indian Penal Code or other criminal offences ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
