Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates appearing for:
Appellant: Sri K.M. Nataraj, Adv.
Respondent: Sri A. Keshava Bhat, Adv.

Result: Appeal allowed.

Headnote:NEGOTIABLE INSTRUMENTS ACT, 1881 - Section 18: [K.Ramanna, J] Discrepancy in the cheque - Amount stated differently in figures and words - Effect - Held, If the amount is stated differently in figures and words, the amount stated in words shall be the amount under taken or ordered to be paid. The discrepancy in the cheque will not be fatal to the case of the complainant under Section 138 of the Act. When the Accused admits the issuance of the cheque, the Trial Court has to draw presumption in respect of the offence committed by the Accused under Section 138 of the Act.
NEGOTIABLE INSTRUMENTS ACT, 1881 - Section 138: [K.Ramanna, J] Complaint under - Discrepancy in amount stated in figures (Rs.75,000/-) and in words (Rs. 70,000/-) - Effect - Held, If the amount is stated differently in figures and words, the amount stated in words shall be the amount under taken or ordered to be paid. The discrepancy in the cheque will not be fatal to the case of the complainant under Section 138 of the Act. When the Accused admits the issuance of the cheque, the Trial Court has to draw presumption in respect of the offence committed by the Accused under Section 138 of the Act. Order of acquittal set aside. Accused was sentenced to pay a fine of Rs.80,000/- with a default sentence of S.I. for 3 months.

N. Hasainar vs M. Hasainar - 2008 Supreme(Kar) 466