Appeal challenges acquittal in check bounce case over conflicting interpretations.

The appeal was filed against the order of acquittal in a case under section 138 of the Negotiable Instruments Act. The trial court acquitted the accused, citing conflicting interpretations of whether the cheque amount should be considered before or after deducting payments made towards the liability. The appeal was referred to a Division Bench for resolution due to the legal conflict, with the matter subsequently forwarded to the Chief Justice for further action.

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Issues involved: Appeal against order of acquittal in a prosecution u/s 138 of the Negotiable Instruments Act based on conflicting interpretations of the legal requirements for dishonor of a cheque.

Summary:
The appeal was filed by the complainant against the order of acquittal by the trial court in a case u/s 138 of the Negotiable Instruments Act. The complainant alleged that the accused issued a cheque in discharge of a debt, but the cheque bounced due to insufficient funds. The trial court acquitted the accused stating that the cheque did not represent a legally recoverable amount. The complainant argued that the cheque amount should be considered after deducting any payments made towards the liability. The defense cited a different judgment emphasizing that the cheque amount cannot exceed the liability incurred. There was a conflict in the interpretations of the law, leading to the decision that the appeal should be heard by a Division Bench for resolution. The matter was referred to the Chief Justice for further action.

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