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Quasi-criminal proceedings can be initiated under Section 138 of NI Act- SC
Case Law Details
- Case Name
- P. Mohanraj & Ors. Vs Shah Brothers Ispat Pvt. Ltd. (Supreme Court Of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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P. Mohanraj & Ors. Vs Shah Brothers Ispat Pvt. Ltd. (Supreme Court)
Shri Lekhi, learned Additional Solicitor General, took strong objection to the use of the expression ‘quasi-criminal’ to describe proceedings under Section 138 of the Negotiable Instruments Act, which, according to him, can only be described as criminal proceedings. This is for the reason that these proceedings result in imprisonment or fine or both, which are punishments that can be imposed only in criminal proceedings as stated by Section 53 of the Indian Penal Code. It is difficult to agree ...
