Check bounce offence is a civil wrong

“This Court has noted that the object of the statute was to facilitate smooth functioning of business transactions. The provision is necessary as in many transactions’ cheques were issued merely as a device to defraud the creditors. Dishonor of cheque causes incalculable loss, injury and inconvenience to the Vide the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 payee and credibility of business transactions suffers a setback. At the same time, it was also noted that nature of offence under Section 138 primarily related to a civil wrong and the 2002 amendment specifically made it compoundable.”

Supreme Court in Seshia vs State of Telangana on Feb1, 2023.

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Conviction reversal for witness tampering

Book title: Laws for Women in India; Author: Sanjiv Narang Adv.

Supreme Court on false promise of marriage

A married woman had sexual relations with the accused, who promised to marry her. The courts initially found the accused guilty of the offense under Section 376 of the Indian Penal Code (IPC), but after a closer examination of the evidence, it was found to be a fallacy. The key issue is whether the woman's consent was given under a false promise or not. There is a difference between a false promise and a breach of promise, and the court must examine each case based on its specific facts. In this case, the woman was mature and intelligent enough to understand the consequences of her actions and her conduct during the relationship suggests that she had willingly betrayed her husband and children. Every breach of promise is not a false promise of marriage and thus every breach of promise will not result in a conviction of rape.

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