2018 (2) TMI 2115

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.... : Mr. Anand Kr. Pandey, APP. ORDER Heard learned counsel for the petitioner. 2. In Criminal Appeal No.246 of 2013, learned Principal District & Sessions Judge, Singhbhum East, Jamshedpur by the impugned judgment dated 25.07.2017 acquitted the accused/Opposite Party No.2 herein of the charges under Section 138 of the Negotiable Instrument Act and set aside the judgment of conviction dated 19.08....

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.... the Negotiable Instrument Act. The accused had failed to rebut the presumption in favour of the complainant. Therefore, the ingredients of Section 138 of the Negotiable Instrument Act stood fulfilled. He was, accordingly, sentenced to one year rigorous imprisonment and a fine of Rs.1,70,000/- as compensation to be paid to the complainant. In default of fine, he had to undergo simple imprisonment ....

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....earned appellate court, cheque should have been issued validly against any legally enforceable debt or liability. If the loan had become time barred then the cheque for such debt, even if it is dishonoured will not be covered under Section 138 of the Negotiable Instrument Act. If the cheque was not valid, no prosecution under Section 138 of the Negotiable Instrument Act is maintainable as the basi....

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....2 was acquitted of the charge levelled against him. 5. The learned counsel for the petitioner has made strenuous efforts to show that the necessary ingredients of Section 138 of the Negotiable Instrument Act had been fully established during the trial. Not only the cheque, on being presented, was dishonoured due to insufficient fund but also the complainant failed to repay the cheque amount after....