2021 (7) TMI 1156

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..... i, Advocate ORDER Petitioner has called in question order dated 5.2.2021 passed Chief Divisional Retail Sales Manager of Indian Oil Corporation. 2. By said order Petroleum Outlet Dealership of M/s Shri Sai Filling Station at Baikunthpur, Tehsil Sirmour, District Rewa was terminated. Order was passed on ground that there was breach of Clause 45 (d) of dealership agreement. As per said Clause, i .....

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..... titioner has been convicted under Section 138 of Negotiable Instruments Act, which is not a heinous case or case involving moral turpitude. 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 jud .....

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..... ected, the larger interest of the State being subsumed in the victim alone moving a court in cheque bouncing cases, as has been seen by us in the analysis made hereinabove of Chapter XVII of the Negotiable Instruments Act." 5. Learned Senior Counsel for the respondent supported the order passed by Chief Divisional Retail Sales Manager. It is submitted by him that it has rightly been held that si .....

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..... 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 .....

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..... x Court, it is clear that proceedings under Section 138 of Negotiable Instruments Act are civil in nature with criminal overtones. 10. In view of the aforesaid facts and circumstances of the case, impugned order dated 5.2.2021 is quashed. Respondent is directed to allow petitioner to run the Petroleum outlet allotted to him vide agreement dated 1.8.2008. 11. Writ petition stands allowed.
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