Negotiable Instruments Act, 1881
Section 138—Dishonour of cheque—Order passed by the First Appellate Court acquitting accused reversed by High Court—Appeal—Complainant was indulged in money lending activities without acquiring a license and was thereby acting in breach of the provisions of the Goa Money Lenders Act—High Court while reversing the acquittal of appellant-accused did not advert to the important issue regarding applicability of the Goa Act which provided a valid defense available to the accused—Appellant has already paid the cheque amount and find imposed by the trial court—Offence compounded in exercise of powers under Article 142 of the Constitution—Accused acquitted.
[Paras 8 & 10]