Reviewing The Penalising Aspect Of “Section 138 Of Negotiable Instrument Act, 1881”

Simran Sahoo & Sakshi Sahoo, BBA.LLB, KIIT School of Law

ABSTRACT

The authors of this paper have tried to focus upon the penalizing aspect of “section 138 of the negotiable instrument”. that this topic of decriminalising the “section 138 of the negotiable instrument” is a long standing discussion and this article has tried its best to deliver an analysis of the provision of the “negotiable instrument act, 1881” that has raised the “conflict of interests”. the paper has analysed the objective of the provision so enacted and its roots and the cause that gave rise to the topic of decriminalising the same. this paper has also enumerated the series of “judicial precedents” that show the evolution of the judgement regarding the subject matter that is being dealt in this paper. the reader of this article at the end will be able to grasp the concept of the provision that is being dealt with along with the judicial pronouncements and can be opinionated with regard to the same since the question is yet to be answered. but, it is duly believed that the courts have always imparted decisions applying the” judicial mind rationally” and “fairly” in the true and best “interest of justice” and will continue the same for the upcoming future.

Keywords: “section-138”, “negotiable instruments”, “decriminalising”, “supreme court”.