PREM NARAYAN SINGH
Krishnapal – Appellant
Versus
Hari Singh – Respondent
Certainly. Based on the provided legal document, here are the key points:
The appeal was filed under section 378 of the Criminal Procedure Code seeking leave to challenge an order of acquittal related to an offence under Section 138 of the Negotiable Instruments Act, 1881 (!) .
The core issue pertains to the validity of the cheque return memo, which was filed without the bank’s seal and signature of the concerned authority. The trial court dismissed the complaint primarily on this ground (!) .
The appellant’s counsel argued that the absence of the bank’s seal and signature on the cheque return memo does not necessarily invalidate the document, citing a judgment from a high court that states that such infirmity does not render the memo illegal or invalid. They contended that the entire trial should not be vitiated solely due to this infirmity (!) .
The respondent’s counsel relied on a judgment from the High Court of Madhya Pradesh, which held that endorsement memos without signatures and seals have no evidentiary value and are only mere pieces of paper. They emphasized that the trial court’s reliance on this precedent was justified (!) .
The document highlights that the cheque return memo in question lacked the seal and signature of the bank, which was a violation of guidelines issued by the Reserve Bank of India. These guidelines mandate that such memos should be signed or initialed and contain a definite reason for refusal of payment (!) (!) (!) .
The guidelines clearly specify that dishonor or return memos should be signed or initialed by the bank, and practices of issuing unsigned or computer-generated memos are violations of these instructions (!) (!) (!) .
Due to the violation of RBI instructions, the court concluded that the cheque return memo without a seal and signature cannot be considered a valid public document and is only a mere piece of paper, thus lacking evidentiary value (!) .
The court reaffirmed that unless the judgment of acquittal is palpably wrong or grossly unreasonable, appellate courts should not interfere. The trial court’s findings were considered proper and justified (!) .
The recent Supreme Court judgment reiterated that interference is warranted only if the trial judge’s findings are either perverse or impossible, and in this case, the findings were not (!) (!) (!) .
Consequently, the application for leave to appeal against the acquittal was dismissed, and the appeal was also dismissed (!) .
The registry was directed to send a copy of the order to the concerned trial court for information (!) .
Please let me know if you need a more detailed analysis or specific legal advice related to this case.
ORDER
1. Heard on I.A.No.16521/2023, an application under section 378(4) of Cr.P.C for grant of leave to appeal against the order of acquittal.
2. This appeal has been filed under section 378 of the Code of Criminal Procedure, for seeking leave to appeal against the judgment of acquittal dated 26.9.2023 passed by the learned Judicial Magistrate First Class, Dewas District-Dewas in Criminal Complaint No.SCNIA/473/2017, whereby the accused has been acquitted from the offence under Sections 138 of N.I. Act, 1881.
2. Learned counsel for the applicant submitted that learned trial Court has passed the judgment of acquittal only on the fact that the the cheque return memo filed was without any bank seal and signature of the concerned authority and on that basis dismissed the complaint, whereas on that aspect learned High Court of Delhi has opined that if the cheque return memo is not bearing any official stamp of the bank, it does not render the cheque return memo as invalid or illegal. The cheque return memo is not a document which is required to be covered under section 4 of the Bankers Book (Evidence) Act, 1891. In this regard learned counsel for the applicant also relied upon judgment of
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