TMI Blog2022 (9) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... accepted the sum towards full and final settlement of the cheque, on the satisfaction of the complainant and in the light of provisions of Section 147 of NI Act - in view of law laid down by the Hon'ble Apex Court in the case of DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [ 2010 (5) TMI 380 - SUPREME COURT] , the sentence awarded to the petitioner for offence under Section 138 NI Act is liable to be set aside. The petitioner is directed to deposit 15% of the cheque amount with the State Legal Services Authority, Jodhpur within a period of two weeks from today - Application disposed off. - S. B. Criminal Misc ( Pet. ) No. 662 / 2018 - - - Dated:- 25-8-2022 - HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI For the Petitioner : Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. Learned counsel for the petitioner submits that Section 138 N.I. Act proceedings are primarily a civil wrong. Learned counsel for the petitioner has relied upon the judgment of Hon ble Apex Court in the matter of Meters and Instruments (P) Ltd. Anr. Vs. Kanchan Mehta reported in (2018) 1 SCC 560, the relevant portion of which reads as follows : - 18. From the above discussion following aspects emerge: i) Offence under Section 138 of the Act is primarily a civil wrong. Burden of proof is on accused in view presumption under Section 139 but the standard of such proof is preponderance of probabilities . The same has to be normally tried summarily as per provisions of summary trial under the Cr.P.C. but with such variatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arties, even in absence of such consent, the Court, in the interest of justice, on being satisfied that the complainant was duly compensated, closed the proceedings and discharged the accused. It is not in dispute that the original cheque was of Rs.1,57,000/- whereas, at the time of filing of the application, the sum amount offered was of Rs.4,71,000/-. The precedent law cited above squarely covers the present condition. The offence under Section 138 of N.I. Act, although a criminal offence, it can certainly be considered as a civil wrong for the purpose of invoking Section 258 of the Cr.P.C. This Court further takes note of the fact that in the year 2011 itself there was a clear refusal on the part of the respondent to accept the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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