TMI Blog2000 (2) TMI 822X X X X Extracts X X X X X X X X Extracts X X X X ..... lity under Section 138. Appeal dismissed. - CRL.A. 113 OF 2000 - - - Dated:- 2-2-2000 - G.T. NANAVATI AND S.N. PHUKAN, JJ. JUDGMENT Leave granted. This appeal is directed against the judgment and order dated 3,10.1997 passed by the Calcutta High Court in Criminal Revision No. 1611/97. By the impugned judgment, the High Court set aside the order of the Metropolitan Magistrate - 16th, Calcutta passed b case No. C/1661/96. Briefly stated the facts are as follows : The appellant issued a cheque for Rs. 20,00.000 (Rupees Twenty Lacs) in favour of respondent No, 1 The cheque was presented to the banker which was returned on 2nd August, 1996 with the remarks Insufficient Fund . Thereafter within 15 days of return of the cheq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 extend to one year, or with fine which may extend to twice the amount of the cheque, or both : Provided that nothing containe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1116 = [1963] 2 Supp. SCR 724. This Court considered the rule of construction of a penal provision and quoted with approval the following passage of the decision of the Judicial Committee in Dyke v, Elliot, (1872) LR 4 AC 184. The passage runs as follows : No doubt all penal Statutes are to be construed strictly, that is to say, the Court must see that the thing charged as an offence is within the plain meaning of the words used, and must not strain the words on any notion that there has been a slip, that there has been a casus omissus, that the thing is so clearly within the mischief that it must have been intended to be included if thought of. On the other hand, the person charged has a right to say that he thing charged although wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dditional claims would he severable- and will not invalidate the notice. If, however, in the notice an ommbus demand is made without specifying what was due under the dishonored cheque, notice might well fail to meet the legal requirement and may be regarded as bad. This Court had occasion to deal with Section 138 of the Act in Central Bank of India Anr. v. M/s. Saxons Farms Ors., JT (1999) 8 SC 58 and held that the object of the notice is to give a chance to the drawer of the cheque to rectify his omission. Though in the notice demand for compensation, interest, cost etc. is also made drawer will be absolved from his liability under Section 138 if he makes the payment of the amount covered by the cheque of which he was aware within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all take necessary legal steps against you holding you liable for all costs and consequences thereof, which please note. In the notice in question the said amount i.e. the cheque amount has been dearly stated. Respondent No. 1 had claimed in additional to the cheque amount, incidental charges and notice charge. These two amounts are severable. In the notice it was clearly stated that on failure to comply with the demand necessary legal steps will be taken up. If respondent No. 1 had paid the cheque amount he would have been absolved from the criminal liability under Section 138. Regarding other claims, a civil suit would be necessary We, therefore, do not Find any merit in the present appeal and accordingly it is dismissed. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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