TMI Blog2021 (8) TMI 1283X X X X Extracts X X X X X X X X Extracts X X X X ..... alum prohibitum are those acts, though not morally repugnant, are made offences by an act of legislature as in the case of Section 138 under the Negotiable Instruments Act. It is not necessary that an act which is an offence malum prohibitum in India be an offence in any other country. Clause 45 (d) is wide and open ended and does not define a criminal offence for which there can be cancellation of dealership by its invocation. The said clause cannot be interpreted pedantically to include each and every act or omission which may constitute an offence under the jus scriptum. In an offence under Section 138 of the Negotiable Instruments Act, knowledge that the accused did not have sufficient balance in his bank account while issuing the ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion is pending before this Court. 3. Learned counsel for the appellant submits that as the respondent had been convicted for an offence under Section 138 of the Negotiable Instruments Act, the appellant was well within its right to terminate the dealership of the respondent. Learned counsel for the appellant thereafter has referred to the impugned order dated 20.07.2021 and with specific reference to paragraph 4 where the learned single Judge has referred to the judgment of the Supreme Court in P. Mohanraj and Others Vs. Shah Brothers Ispat Pvt. Ltd. 2021 SCC Online SC 152. Another judgment that has been referred and relied upon by the learned single Judge is Kaushalya Devi Massand Vs. Roopkrishore Khore (2011) 4 SCC 593. Law laid down i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nant, are made offences by an act of legislature as in the case of Section 138 under the Negotiable Instruments Act. It is not necessary that an act which is an offence malum prohibitum in India be an offence in any other country. Clause 45 (d) is wide and open ended and does not define a criminal offence for which there can be cancellation of dealership by its invocation. The said clause, in our opinion, cannot be interpreted pedantically to include each and every act or omission which may constitute an offence under the jus scriptum. Such an interpretation of the clause 45(d) can empower the appellant to terminate the dealership of a licensee upon his involvement in an road accident case, resulting in grievous hurt top the victim (Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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