RAMDAS S/O KHELUNAIK versus KRISHNANAND S/O VISHNU NAIK.

The complainant failed to prove liability for hand loan; evidence from defence witnesses established that the cheque was issued for a land sale agreement which failed, justifying stop payment; therefore, conviction under Section 138 is not sustainable.

Parties: Appellant Accused: Ramdas S/O Khelunaik; Respondent Complainant: Krishnanand S/O Vishnu Naik
Jurisdiction: India
Judgment Date: 23 July 2014
Procedural Posture: Criminal Appeal / Supreme Court Final Decision
Outcome: Appeal allowed. High Court judgment set aside. Trial Court acquittal restored.
Legal Topics: Dishonour of Cheque, Section 138 of Negotiable Instruments Act, Stop Payment Instructions, Acquittal and Conviction, Presumption of Liability

Negotiable Instruments Dishonour of Cheque Section 138 of Negotiable Instruments Act Stop Payment Instructions Acquittal and Conviction Presumption of Liability

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Parties

Ramdas S/O Khelunaik

Appellant Accused

Krishnanand S/O Vishnu Naik

Respondent Complainant

Procedural Posture

Criminal Appeal / Supreme Court Final Decision

Legal Issues

1 Whether the accused-appellant is liable under Section 138 of Negotiable Instruments Act for dishonour of cheque due to stop payment instructions

Ratio Decidendi

Court Disposition

Appeal allowed. High Court judgment set aside. Trial Court acquittal restored.

Orders

Appellant acquitted of offence under Section 138 of Negotiable Instruments Act
Appellant at liberty to withdraw Rs.1,75,000/- with accrued interest, deposited before Trial Court in accordance with Supreme Court order dated 30th November, 2012