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jitendra yadav (ADVOCATE)     16 May 2012

Conviction on part liability proved u/s 138 of n.i. act

sir,

    if two cheques were filed in one single case u/s 138 of ni act and only single demand notice was issued in respect of both the cheque and thereafter at the time of final judgement only one cheque's liability was proved and other was failed. the question is whether accused can be partly convicted for one cheque's liability or judgement itself is not proper? kindly provide me proper guideness...



Learning

 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     12 June 2012

1.  IF liability for one cheque is proved and second cheque is not proved, THEN too the punishment is applicable on conviction and the prosecution for both the cheques is final.


2.  A fresh prosecution for the second cheque is not possible nor a second judgement for the second cheque can be given, if a single prosecution proceeding is filed for multiple cheques.


The trial is complete and the judgement is good and final,  subject to further appeal.


Keep Smiling .... Hemant Agarwal

R Trivedi (advocate.dma@gmail.com)     15 June 2012

If the demad notice is for total amount, and only part liability is proved, then convicetion is not legal on the face of it.

 

Cause of action arises once the drawer fails to pay the demanded money within 15 Days of receiving of notice, if the demanded money itself is not proved or partly proved, then number of cheques is immaterial, accused must be set free. 


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