Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 1080 - HC - Indian LawsDishonor of cheque - levy of additional charges - senior citizen - section 138 of NI Act - Held that:- The order passed by the first respondent runs to more than 30 pages and most irrelevant aspects relating to criminal prosecution of dishonoured cheque, relating to “cut and paste” portions of the entire Sections 92 and 138 of the Negotiable Instruments Act, have been written. Thereafter, further “cut and paste” portions from an unknown source had also been given - the first respondent had completely misdirected himself as to the nature of the grievances of the petitioner. It must be remembered that the dishonour of the cheque of the petitioner was not due to any fault on the part of the petitioner. It was an error on the part of the Bank. The petitioner cannot be mulcted with a torturous procedure as was done in this case by the respondents. Further, the respondents have acted with no heart. They do not seem to understand the plight of a senior citizen who has been a dutiful citizen all his life. The impugned order does not convey any reason for imposing the charges of ₹ 1,000/- on the petitioner - the first respondent had seriously erred in passing the impugned order and consequently, the impugned order of the first respondent is set aside - petition allowed.
|