2019 (11) TMI 899

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....resent. With the assistance of the APP - Ms. Malhotra and Ms. Raje, counsel appearing for respondent no.2, I have perused the records and proceedings, evidence and the impugned judgment. 3. The facts in brief are that the complainant, i.e., the appellant, was an agriculturist and was raising various crops in his land including grapes. The accused/respondent carries on business as a trader and, inter alia, exports grapes. The accused is alleged to have purchased grapes from the complainant, paid some amount and for the balance due, gave a cheque on 23rd May 1997 for Rs. 2 lakhs. When the cheque bearing no.613072 was presented, the cheque was returned unpaid in view of the stop payment instructions given by the accused/respondent. It is the ....

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....ng Bank of India. In the evidence of PW-2 and PW-3, it has come on record that the stop payment instructions were given by the accused on 12th September 1996. 6. The complainant is totally unreliable and considering the complainant's evidence, the stand of the accused/respondent seems to be more plausible. I say this because in the examination in chief, the complainant says that he was given the cheque for Rs. 2 lakhs on 25th May 1997. In the cross examination, he says the accused gave him cheque in the month of February 1996. In the cross examination, the complainant again clarifies that the cheque was issued in the month of May 1996. Then he says in re-examination that the cheque was issued on 23rd May 1997. I have reasons to believe tha....

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....heque for guarantee". There is no re-examination. 8. It is settled law that the important ingredient for the offence punishable under Section 138 is that cheque must have been issued for the discharge in whole or in part of any debt or other liability. If the cheque is not issued for the discharge of any debt or other liability, Section 138 can not be invoked. This Court in the matter of Joseph Vilangadan V/s. Phenomenal Health Care Services Private Limited and Anr.2011 CRI. L. J. 531 and in the matter of Adarsh Gramin Sahakari Pat Sanstha Maryadit, Wadi, Nagpur V/s. Dattu Ramdasji Paithankar 2010 CRI. L. J. 1971 has held that if the cheque is issued only as security for performance of certain contract or an agreement and not towards the d....