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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Narendra Kumar Vyas, J
Dinesh Kumar Kushwaha S/o Late Ram Karan Kushwaha – Appellant
Versus
Amarsai Rajwade S/o Govindram – Respondent
Order :
(Narendra Kumar Vyas, J.)
1. The appellant/complainant has preferred this acquittal appeal assailing the order dated 04.09.2021 passed by the learned Additional Sessions Judge (F.T.C.) Baikunthpur District- Koriya (C.G.) in Criminal Appeal No. 16/2020 by which the appeal preferred by the accused/respondent has been allowed and the learned Additional Sessions Judge has set aside the order dated 11.02.2020 passed by the learned Judicial Magistrate First Class, Baikunthpur, District- Koriya (C.G.) in Complaint Case No. 297/2019 by which the accused has been convicted for commission of offence under Section 138 of the Negotiable Instruments Act sentencing him to undergo R.I. for six years with fine of Rs. 1,70,000/- and in default stipulation additional R.I. for one month.
2. Case of the prosecution in brief is that the complainant has filed an application under Section 138 of the Negotiable Instruments Act before learned Judicial Magistrate First Class, Baikunthpur, District- Koriya alleging that the accused is working in colliery and the complainant is running grossery shop wherein transaction was going on between them and accordingly, the accused sought Rs. 1,75,000/- from the
The failure to provide evidence of sending a legal notice under Section 138 of the Negotiable Instruments Act invalidates the complaint, leading to acquittal.
The presumption of liability under Section 139 of the Negotiable Instruments Act can be rebutted if the accused proves non-receipt of the demand notice, which is essential for prosecution under Secti....
For a conviction under Section 138, the complainant must prove both enforceable debt and properly served demand notice; failure to do so leads to acquittal.
The presumption of service of legal notice under Section 27 of the General Clauses Act applies, and a complaint under Section 138 of the Negotiable Instruments Act is premature if filed before the st....
The main legal point established in the judgment is the proper service of demand notice under Section 138 of the Negotiable Instrument Act, and the consequences of such service on the acquittal of th....
Dishonour of cheque – Complainant is not required to prove service of notice on accused before institution of case—Requirement of giving notice is a clear departure from rule of criminal law, where t....
Point of law: Negotiable Instruments – Notice - When a sender has dispatched notice through registered post to correct address written on it, Section 27 of General Clauses Act could be profitably imp....
Negotiable Instruments – Factum of disputed service of notice requires adjudication on the basis of evidence and the same can only be done and appreciated by the trial court and not by this Court und....
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