SC: Principles of acquittal in criminal cases don’t apply to cheque cases

The Hon’ble Supreme Court, on 19th September 2019, in the matter of M. Abbas Haji v. T.N. Channakeshava observed that proceedings under Section 138 of the Negotiable Instruments Act are quasi-criminal proceedings. The principles, which apply to acquittal in other criminal cases, cannot apply to these cases.

The Hon’ble Supreme Court observed that:

The legal heirs of a person convicted under Section 138 of the Negotiable Instruments Act, are neither liable to pay the fine nor to undergo imprisonment. However, they have a right to challenge the conviction of their predecessor only for the purpose that he was not guilty of any offence.  (This inference has been drawn on the basis of Para 3)

Proceedings under Section 138 of the Act are quasi-criminal proceedings. The principles, which apply to acquittal in other criminal cases, cannot apply to these cases. (Para 6)

Copy of judgement: Judgement_19-Sep-2019

-Adv. Tushar Kaushik

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