Court denies appeal in blank cheque misuse case under Section 138 The court rejected the application for leave to appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act. The ...
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Court denies appeal in blank cheque misuse case under Section 138
The court rejected the application for leave to appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act. The defense successfully argued that the complainant misused blank cheques provided as security, leading to a discrepancy in the amount owed. The court found the defense's explanation credible, upholding the acquittal based on the evidence presented.
Issues involved: Leave to appeal against acquittal u/s 138 of the Negotiable Instruments Act.
Summary: The applicant, a dairy supplier, filed for leave to appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act. The complainant claimed that the accused owed them Rs. 2,89,096 for milk supplied. The defense argued that the complainant misused blank cheques provided as security. Evidence showed only Rs. 63,292 was due, not the amount on the cheque. The court found the defense plausible and upheld the acquittal, deeming it reasonable and possible based on the evidence presented. The application for leave to appeal was rejected.
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