“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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