https://www.taxtmi.com/caselaws?id=197864 A prosecution under Section 138 of the Negotiable Instruments Act is not barred merely because the same transaction also gives rise to a civil dispute or pending civil suit; the criminal remedy for cheque dishonour operates independently of civil recovery, and the civil dispute may be relevant only at sentencing. Presentation of a complaint before expiry of the statutory notice period is not fatal if the court takes cognizance only after the cause of action has matured. On these principles, the acquittal could not be sustained on the grounds relied upon by the trial court. en-us Fri, 02 Sep 2005 00:00:00 +0530 Wed, 17 Jan 2018 12:04:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197864 A prosecution under Section 138 of the Negotiable Instruments Act is not barred merely because the same transaction also gives rise to a civil dispute or pending civil suit; the criminal remedy for cheque dishonour operates independently of civil recovery, and the civil dispute may be relevant only at sentencing. Presentation of a complaint before expiry of the statutory notice period is not fatal if the court takes cognizance only after the cause of action has matured. On these principles, the acquittal could not be sustained on the grounds relied upon by the trial court. Case-Laws Indian Laws Fri, 02 Sep 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197864