TaxTMI 
TaxTMI 
2004 (8) TMI 385
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....t, "the Act") alleging dishonour of a cheque, the accused having stopped payment thereof. Out of five, three accused are ladies. On an application filed by the said accused, inter alia, alleging that the complaint does not fulfil the ingredients of section 141 of the Act, the Magistrate directed their discharge holding that there are no allegations in the complaint, making out an offence against them. The order of the Magistrate was, however, set aside by the Sessions Judge. The learned Sessions Judge held that 'no doubt, it is not specifically mentioned in the complaint that all the accused were in-charge of the business but merely non-mentioning of specific words does not mean that they were not in-charge of the business' and in this view....
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....duce the language of section 141 verbatim in the complaint since the complaint is required to be read as a whole. If the substance of the allegations made in the complaint fulfil the requirements of section 141, the complaint has to proceed and is required to be tried with. It is also true that in construing a complaint a hyper-technical approach should not be adopted so as to quash the same. The laudable object of preventing bouncing of cheques and sustaining the credibility of commercial transactions resulting in enactment of sections 138 and 141 has to be borne in mind. These provisions create a statutory presumption of dishonesty exposing a person to criminal liability if payment is not made within statutory period even after issue of n....
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....ue No. 7432109 drawn on Canara Bank for Rs. 60,000 which are received by the accused, therefore, the receipt was also issued on 8-1-1998. (2) The said amount was for 2.5 months. Therefore, the accused had issued us a cheque No. 3358762 dated 23-3-1998 drawn on State Bank of Saurashtra, Kalanala Branch, Bhavnagar for a sum of Rs. 62,250. On presentation of the said cheque in our account the accused had stopped payment on the said cheque so it was returned. The Canara Bank was given intimation in this regard by letter dated 17-9-1998 S.B.S. Kalanala, Bhavnagar. And, therefore, on 19-9-1998 the Canara Bank informed us, so the notice through Advocate dated 28-9-1998 was issued to the accused. And although all of them are served but no amount i....