Back
S. TALAPATRA
Satya Ranjan Saha – Appellant
Versus
Biplab Debnath – Respondent
| Table of Content |
|---|
| 1. legality of acquittal order questioned (Para 1 , 2) |
| 2. trial court finds evidence of demand notice receipt (Para 3 , 4) |
| 3. insufficient evidence to support complaint (Para 5) |
| 4. importance of proper service of notice under ni act (Para 6 , 7 , 8 , 9) |
| 5. claim of cheque payment inadequately substantiated (Para 10 , 11 , 12) |
| 6. appeal dismissed with no merit found (Para 13) |
JUDGMENT
To question the legality of the order of acquittal dated 12.07.2018 delivered in Criminal Appeal No.32 of 2017 by the Addl. Sessions Judge, Gomati Judicial District, Udaipur, this appeal has been filed under Section 378 (4) of the Cr.P.C. It may be noted at the outset that the appellant filed a complaint under Section 138 of the Negotiable Instrument Act being CR. 18 of 2016 [NI]. The said complaint was tried by the Judicial Magistrate, First Class, Udaipur, Gomati Tripura.
[2] Briefly stated, the allegations made in the complaint is that the respondent No.1 had issued 3[three] cheques bearing No.0000045, 0000046 & 0000047 respectively for an amount of Rs.1,83,000/-, Rs.2,50,000/- & Rs.2,50,000/- in favour of the appellant. All those cheques were dishonoured by the banker for insufficiency of
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 failure to provide evidence of sending a legal notice under Section 138 of the Negotiable Instruments Act invalidates the complaint, leading to acquittal.
Service of notice under Section 138 of the Negotiable Instruments Act is valid if delivered to a family member, establishing liability unless rebutted.
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....
Proper service of notice under S.138 occurs when sent by registered post, and dismissal of appeal upheld as complaint was filed late.
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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
