T.S.THAKUR, GYAN SUDHA MISRA
LAXMI DYECHEM – Appellant
Versus
STATE OF GUJARAT – Respondent
In paragraph (!) , the judgment states that in a 'stop payment' case, the magistrate disallowed an application to examine the bank manager merely because the signature was admitted and there was no dispute about the dishonour of the cheque, holding that no purpose would be served in examining the bank manager since the dishonour was not in issue. This observation directly addresses the scenario where the accused does not dispute the cheque and return memo, rendering the calling of bank officials for examination unnecessary.
JUDGMENT
T.S. Thakur, J.
Leave granted.
2. These appeals are directed against orders dated 19th April, 2010 and 27th August, 2010 passed by the High Court of Gujarat at Ahmedabad whereby the High Court has quashed 40 different complaints under Section 138 of the Negotiable Instruments Act, 1881 filed by the appellant against the respondents. Relying upon the decision of this Court in Vinod Tanna & Anr. v. Zaher Siddiqui & Ors. (2002) 7 SCC 541, the High Court has taken the view that dishonour of a cheque on the ground that the signatures of the drawer of the cheque do not match the specimen signatures available with the bank, would not attract the penal provisions of Section 138 of the Negotiable Instruments Act. According to the High Court, the provisions of Section 138 are attracted only in cases where a cheque is dishonoured either because the amount of money standing to the credit to the account maintained by the drawer is insufficient to pay the cheque amount or the cheque amount exceeds the amount arranged to be paid from account maintained by the drawer by an agreement made with the bank. Dishonour of a cheque on the ground that the signatures of the drawer do not match the s
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