IPC 138 is a provision of the Indian Penal Code (IPC) dealing with the offense of providing false information to a public official. Under Section 138 of the IPC, when a person provides false information to a public official, knowing it is false or not believing it to be true, and thereby causing a person's distress, inconvenience, danger, disability, injury or criminal offense Intimidates or induces an official to use his legitimate power to harm or harass any person shall be liable to imprisonment for a term not exceeding six months or a fine of up to one thousand rupees or both.
The offense of providing false information to a public official is a recognizable and non-criminal crime, which means that the police have the power to arrest the accused without a warrant and the accused cannot be released on bail without court approval.
The purpose of this provision is to protect officials from being misled by false information and to prevent abuse of their powers and powers. It also aims to protect the public interest and uphold the integrity and credibility of the government and its agencies.
However, it is important to note that this provision is not intended to penalize honest error or the inadvertent provision of incomplete or incorrect information. It applies only to those who knowingly provide false information with the intent to cause annoyance, inconvenience, danger, disability, injury or criminal intimidation to any person, or to induce a public official to use their lawful authority to harm or harass any person .
In summary, IPC 138 is a provision of the Indian Penal Code dealing with the offense of giving false information to a public official. It is designed to protect officials from being misled by misrepresentation and abuse of their powers and powers, and to safeguard the public interest. However, it is not intended to criminalize honest mistakes or the inadvertent provision of incomplete or incorrect information.
15 historical ruling in Section 138 Securities
The bank sought to determine the true nature of the process under Section 138 of the Negotiable Instruments Act 1881. IPC manufactures the necessary raw materials before turning them into custom insulation products using our own machinery. It is originally a colonial law that is still widely used. Since your privacy and confidentiality are paramount, the platform is designed to allow you to list your case anonymously. Although the law is primarily a civil law, to ensure the smooth running of each transaction, criminal penalties have been added.
About Section 138 of the IPC
Vs. Medchl Chemicals and Pharma P Ltd. The Court noted that Section 138 was included in the enactment of the statute for the specific purpose of making a specific provision by including no-fault liability with respect to the check as a negotiable instrument. Sadanandan K , the court noted that the provisions of sections 357 3 and 431 of the CrPC, in conjunction with section 64 of the IPC, authorize the court to include a default judgment of non-payment of indemnity when making an order to pay indemnity. At Golden Menthol Export Pvt. The court of honor issued the following judgment ''The amount must be paid and up to 3 years in prison'' how can I overcome this situation, I am now ready to reimburse the amount if I dr. , there are some conflicting decisions from different High Courts, some ruling that the accused should be acquitted and in some that the High Courts said the case should go ahead, the Supreme Court saw that the above judgments clarified the position that if the plaintiff dies while the suit is pending in court, the plaintiff's legal representatives or legal heirs may file a motion under Section 302 of the Criminal Procedure Code 1973 for leave to prosecution. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our affiliates.
Death of claimant in returned check 138 N.I. complaint case
The amount advanced will be refunded to you without interest if the assigned task is not received by the consultant in the SoOLEGAL repository. If your password is compromised, you must change it immediately. In this type of trial, the court can punish a defendant for his actions or omissions, as in a criminal trial. Section 138 of the NI Act is a penal provision dealing with penalizing the non-cashing of the check. In the event of any conflict between the Program Policies and this Agreement, the Program Policies will control. All of our cold packs are available in custom sizes with no tooling costs.
IPC 138 complainant changes team mid-process
Simply provide minimal basic contact information, which will also not be published for public viewing. The Honorable Supreme Court has held that if the court is satisfied that the plaintiff has been properly indemnified and in the interest of justice, it has discretion to drop the case and acquit the accused even in the absence of consent. Australia The Australian legal system introduced the Check Act in 1986 to deal with bad check cases which require civil remedies. What happens to the bounced check case if the complainant in the case dies? Section 6 of the NI Act clarifies that this definition of a check includes an electronic likeness of a reduced check and a check in electronic form. In a civil lawsuit, the judge orders only damages. The content of this website is general information and none of the information contained on the website constitutes legal opinion or otherwise constitutes legal advice.
Sort of Section 138 of the Negotiable Instruments Act 1881
If SoOLEGAL does not receive the balance within 30 days, the advance amount will be transferred to the consultant without prior notice. The entire Bar Association is interested in listening to attorneys, attorneys, judges and legal professionals from their respective bars, states and territories to exchange ideas, offer opinions and clarify important matters. In the first case, when the summons is served on a complaint and the complainant is absent from court for a day, he must acquit the accused unless he decides to proceed with the trial. If we are required by law or by your administration to charge you for value added tax, service tax, sales tax, use tax, goods and services tax or similar taxes, you will pay those taxes to us or to those you seek for professional services professionals. The case is still ongoing and the complainant wants to change teams when the case is submitted the complainant says “staff have left our organization”. The offense will be considered committed under Article 138 of the NI Act only if he fails to pay the debt within 15 days, and such a person shall be liable to imprisonment, which may be extended to two years, or a fine of up to them may extend to double the value of the check or both. I took out some business and personal loans from some private banks.
Section 138 of the Indian Penal Code, 1860
SoOLEGAL will keep all information you provide confidential at all times, including your personal information, banking information, matters for which you engage professional services and any sensitive information. The legal trend in five countries is as follows: 1. This Agreement constitutes the entire agreement between the parties with respect to the Services described herein and related matters, and supersedes all prior or contemporaneous understandings and understandings, whether oral or written. The claim cannot be cancelled. The law will never exempt the check drawer from civil liability.