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ANOOP CHITKARA
Anju – Appellant
Versus
Ram Gupta – Respondent
JUDGMENT
Mr. Anoop Chitkara, J.
Seeking quashing of the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 [NIA, 1881], summons, and all subsequent proceedings, the accused filed the present petition in the year 2015 before this Court under Section 482 of Code of Criminal Procedure, 1973 [CrPC].
2. Despite service, the respondent remained absent, and this Court appointed Ms. Lishika Mehta, Advocate (PH-3638-2023) as legal aid counsel on behalf of the respondent.
3. I have heard counsel for the petitioner as well as legal aid counsel appearing for the respondent and gone through the pleadings.
4. The petitioner's counsel submits that the petitioner had filed the present petition for quashing of the complaint P-1 dated 09-Sep-2013, under Section 138 NIA. The complaint alleges the dishonor of four cheques for a sum of Rs. 4,80,000/-. These cheques were issued by the petitioner against the purchase of plastic granules from respondent Company. The dispute between the same parties was for Rs. 5,05,621/-. Out of this, the complainant filed two complaints-the present one for 4,80,000/-, and the second one for the remaining Rs. 25621/-. Regarding the second complaint,
Once the entire cheque amount is paid and accepted, the liability under Section 138 of the Negotiable Instruments Act ceases, and interest cannot be claimed unless specified in the cheque.
Point of law: Dishonour of cheque - Discrepancy in the amount - Discrepancy in the amount reflected in the cheque and the actual amount due by the accused, the accused cannot be proceeded under secti....
The issuance of a cheque signifies a legally enforceable debt under Section 138 of the N.I. Act, and the burden to prove otherwise lies with the accused, not the complainant.
The judgment emphasizes the importance of trial to determine liability under settlement agreements and the applicability of Section 141 of the N.I. Act. It also clarifies the conditions under which t....
The existence of a legally enforceable debt under Section 138 of the NI Act must be determined at trial, and factual disputes cannot be resolved at the pre-trial stage.
The main legal point established is that the issuance of blank cheques as security for a loan attracts penal provisions of Section 138 NI Act, and the burden of proving the absence of a legally enfor....
The presumption under Section 139 of the N.I. Act is attracted when the accused admits the issuance of the cheque and his signature upon the same. The accused can rebut this presumption either by eff....
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