NI Act
Section 138..
The primary concern would be the recovery of money since the conviction of an accused serves no significant purpose.
The punishment on the drawer for a dishonoured cheque is secondary as far as Section 138 of the Negotiable Instruments Act is concerned.
The court while quashing the entire criminal proceedings pending against a real estate company and its directors, pointed out that the complainants have already received the amount equivalent to the dishonoured cheque via RTGS transactions in two separate installments.
Lakhani Builders Pvt. Ltd & Ors. v. State of Rajasthan, Through PP & Anr.
Case No: S.B. Criminal Miscellaneous (Petition) No. 7269/2021
Rajasthan High Court