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2016 Supreme(MP) 940
IN THE HIGH COURT OF MADHYA PRADESH
VIRENDER SINGH, J.
Srichand - Petitioner
Versus
Arifa – Respondent
M.Cr.C. No. 7796 of 2011
Decided On : 08-11-2016
For the Respondent:Shri Sanjay Sharma, Advocate.
The main legal point established is that in a case under Section 138 of the Negotiable Instruments Act, the complainant must prove that the dishonored cheque was issued in relation to a legal transaction or to discharge a debt or liability.
Headnote:
Section 138 - Negotiable Instruments Act - The court dismissed the application under Section 378(4) of the Criminal Procedure Code for grant of leave to appeal against the order of acquittal. The complainant alleged that the accused had issued a dishonored cheque, but the court found that the complainant could not prove that the cheque was issued in relation to any legal transaction or to discharge any debt or liability. The court held that there was no substance in interfering with the judgment of the trial court and dismissed the application.
Fact of the Case:
The complainant filed a complaint under Section 138 of the Negotiable Instruments Act alleging that the accused had issued a dishonored cheque. The trial court acquitted the accused, finding that the complainant could not prove the issuance of the cheque in relation to any legal transaction or to discharge any debt or liability.
Finding of the Court:
The court found no substance in interfering with the judgment of the trial court and dismissed the application under Section 378(4) of the Criminal Procedure Code for grant of leave to appeal against the order of acquittal.
Issues: The issue was whether the complainant could prove that the dishonored cheque was issued in relation to any legal transaction or to discharge any debt or liability.
Ratio Decidendi: The court held that the complainant failed to prove the issuance of the cheque in relation to any legal transaction or to discharge any debt or liability, leading to the acquittal of the accused.
Final Decision: The court dismissed the application under Section 378(4) of the Criminal Procedure Code, finding it not a fit case to grant leave to appeal to the applicant.
VIRENDER SINGH, J.
1. On last three dates also no one appeared for the applicant.
2. Heard on application under Section 378 (4) of Criminal Procedure Code for grant leave to appeal against the order of acquittal.
3. According to the facts of the case complainant has filed a complaint under Section 138 of Negotiable Instruments Act alleging that the non-applicant No.1 had executed a cheque bearing No.022259 of State Bank of Indore, Branch-Khatiwala Tank, Indore amounting Rs.2,60,000/-. On presentation of cheque, the Bank has dishourned the same on account of "non-availability of fund" in the account of non-applicant No.1. After complying the provisions of Negotiable Instruments Act, the applicant filed complaint before the JMFC, Indore. After trial, the JMFC acquitted the non-applicant No.1 holding that the complainant could not prove that the cheque was issued by the non-applicant No.1 in relation to any legal transaction between the parties or to discharge any debt or liability. It is also found that the cheque was dishourned by State Bank of Indore, Branch-Khatiwala Tank, Indore while non-applicant No.1 was having no account with that Branch. In fact his bank account was with State Bank of Indore, Branch-Kothari Market, M.G. Road, Indore and that was a different account from the account, from where the cheque was issued. No cheque was issued from the account of non-applicant No.1 and neither any cheque was dishourned by the Branch having account of non-applicant No.1.
4. After detailed appreciation of evidence available on record, learned trial Court acquitted the accused. I do not find any substance in interfering with the judgment passed by learned trial Court, thus, it is not a fit case to grant leave to appeal to the applicant, therefore, application sans merit and is hereby dismissed.
