The Supreme Court again spelt out necessary ingredients of section
138 in Kusum Ingots & Alloys Ltd. v. Pennar Peterson Securities Ltd.14, reiterated by the Apex Court in K. R. Indira v. Dr. G. Adinarayana15. What follows therefrom is that the last ingredient to complete an offence under section 138 of the Act is failure of the accused to make payment within 15 days after service of notice. If payment is made within the said period, no offence is committed, but in case of failure, the offence gets completed. Even if the payment is made on the 16th day the same is not sufficient to
come out of the rigours of section 138 of the Act. commission of offence is one thing and prosecution Commission of offence is governed by section 138 of the is governed by section 142 of the Act.16
In criminal law, is quite another. Act. Prosecution
MODE OF TRIAL: SUMMARY PROCEDURE
Provisions of section 143, as inserted in the Act in 2002, state that
offences under section 138 of the Act shall be tried in a summary manner. Though it begins with a non obstante clause carving out an exception to the provisions of the Criminal Procedure Code, sub-section (1) thereof clearly provides that the provisions of sections 262 and 265 of the Code, as far as may be, apply to such trials. It empowers the Magistrate to pass a sentence of imprisonment for a term up to one year and an amount of fine exceeding
five thousand rupees.
It also provides that if it appears to the Magistrate that
AIR 2000 SC 954.
AIR 2003 SC 4689.
Supra note 1, p. 744.