Negotiable Instruments Act, 1881 – s.138 – Goa Money-Lenders Act, 2001 – Applicability of – First Appellate Court allowed the appellant’s appeal against conviction – It was held that as the respondent-complainant was indulged in money lending activities without acquiring a license, thus, he was acting in breach of the provisions of the Goa Act and hence, he was precluded from prosecuting the appellant under NI Act – Acquittal reversed by High Court – Interference with:
Held: High Court while reversing the acquittal of the appellant did not advert to the important issue regarding applicability of the Goa Act which provided a valid defense available to the appellant – Further, the appellant has already paid the cheque amount and the fine imposed by the trial Court – Offence compounded in exercise of powers u/Art.142 of the Constitution of India – Appellant acquitted subject to the condition stated – Constitution of India – Art.142. [Paras 8, 10]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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