TaxTMI 
TaxTMI 
2003 (7) TMI 742
X X X X Extracts X X X X
X X X X Extracts X X X X
....os. 35574/2001 and 35575/2001, respectively, on the file of the 16th Addl., Chief Metropolitan Magistrate, Bangalore, wherein the learned Magistrate had taken cognizance of the offence, against the accused - revision petitioner, under Section 138 of the Negotiable Instrument Act, questioning the legality and propriety of the order impugned. 3. The Court has heard the arguments of Sri Sathayanarayana Chalke, for M/s Lex Nexus, learned Counsel appearing on behlf of the revision petitioner and Sri R.P. Somashekaraiah, the learned Counsel appearing on behalf of the respondent. 4. The learned Counsel for the revision petitioner strenuously contended that the material on record clearly shows that the orders impugned are illegal and improper....
X X X X Extracts X X X X
X X X X Extracts X X X X
....The learned Counsel also contended that there is no illegality and impropriety in the orders impugned. Hence, the learned Counsel prayed for dismissal of the revision petitions. 6. The Court has carefully perused the material on record and has given its anxious thoughts over the contentions raised at the Bar. 7. On perusal of the material on record, it is seen that the Complaint under Section 138 of the Negotiable Instruments Act read with Section 200 of the Code of Criminal Procedure, came to be presented against the present revision petitioner by the respondent, particularly, alleging that the husband of the revision petitioner had issued two cheques for Rs. 50,000/- each and on presentation of the said cheques, the same came to be ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nue against his legal heirs, unless they are shown to be incharge of the affairs of the firm. 11. At this stage, it is necessary to mention to the elementary principle of law that the duty of judicature is to act upon the true intention of the Legislature and the function of the Courts is only to expound and not to Legislate. It is also necessary to mention another settled principle of law that the key to the opening of every law is the reason and spirit of law. Another settled principle of law that requires to be recalled is that when the words of statute are clear, plain and unambiguous, the Courts are bound to give effect to the meaning irrespective of the consequences. 12. Keeping in mind these settled principles of law, on carefu....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... silent to meet the situation. When this be the intention of the Legislature, the Courts of law will have to interpret the Law, keeping in the mind, the golden rules of interpretation and the Courts should always interpret the laws keeping in view the letter and spirit of law and such an interpretation should advance the purpose of Legislation. It is needless to say that if the Courts do not resort to this exercise the result thereon will not only be irregular and also illegal, so as to vitiate the entire proceedings. 13. In view of the facts and circumstances of the case and in view of the statutory provisions this Court is of the opinion that no proceedings can be initiated for an offence under Section 138 Negotiable Instruments Act, o....