Negotiable Instruments Act, 1881–Sec. 138–In the criminal proceedings u/s. 138, appellant was convicted and he was ordered to undergo simple imprisonment for one year as well as pay the compensation of Rs. two lakhs–However, the civil suit filed by him in regard to same cheque was decreed by the Trial Court and the cheque was declared to be only for the purpose of security–Sentence and damages would be excluded from the conflict decisions in civil and criminal jurisdiction of the Courts–Court in criminal jurisdiction would be bound by the civil Court having declared, the subject matter of dispute to be only for the purpose of security–Judgment passed by the Criminal Court deserves to be quashed and set aside.
