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TMI Blog2021 (8) TMI 1283X X X X Extracts X X X X X X X X Extracts X X X X ..... earned counsel for the respondent. ORDER The appellant is the Indian Oil Corporation which being aggrieved by the order dated 20.07.2021 passed in W.P. No.5339/2021 by which the dealership that was assigned to the respondent herein vide agreement dated 01.08.2008 was terminated by invoking Sub-clause (d) of Clause 45 of the agreement. 2. The respondent was convicted by the trial Court for an o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kaushalya Devi Massand Vs. Roopkrishore Khore (2011) 4 SCC 593. Law laid down in both these judgments are that the offence under Section 138 of the Negotiable Instruments Act is actually a civil wrong with a criminal liability. In other words, the Supreme Court has said that though the liability that may be suffered by person under Section 138 of the Negotiable Instruments Act is in the form of an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces are of two kinds: Offences may be mala in se and/or malum prohibitum. Offences mala in se are those offences which are repugnant to human conscience and are offences involving moral turpitude. Therefore, acts such as murder, theft, rape, cheating etc., are offences mala in se. Per contra, the offences which are malum prohibitum are those acts, though not morally repugnant, are made offences b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h imprisonment which may extend up to 2 years (which is also the maximum sentence for an offence under Section 138 of the Negotiable Instruments Act). 6. Learned counsel for the appellant has also argued that the distinction between an offence under Section 339 IPC and Section 138 of Negotiable Instruments Act is that an offence under Section 339 of IPC does not involve mens rea and is made punis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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