There are many cases which gets decided every year by High Courts.
In case citation [2015] GCtR 2580, the person who was facing allegations of offence under S.138 of Negotiable Instruments Act, 1881 was acquitted.
It started with complainant filing complaint against accused where issue was related to S.138 of NI Act and a loan in respect of which accused had issued cheque. Cheque got dishonoured. Trial was conducted by JMFC. Accused took his defence and argued that his prosecution under S.138 of NI Act is not proper.
Complainant examined the witness. It has emerged that in cases under S.138 of NI Act, satisfactory proof is needed to secure conviction and when complainant had failed to prove certain things which were necessary to secure conviction, then accused cannot be convicted. While passing the order of acquittal, how the complaint was drafted, the way deposition of complainant's witness were given on certain facts were noted and it was found that this accused cannot be convicted in this case. In fact, witness failed to give few answers in cross - examination. How S.139 of NI Act can be used and if it is sufficient to secure conviction in all cases stands answered and what things are not relevant in cases under S.138 of NI Act can be easily seen through [2015] GCtR 2580. To have a more holistic understanding of S.138 of NI Act, 1881, one can go through Dashrathbhai Trikambhai Patel v Hitesh Mahendrabhai Patel & Anr [2022] GCtR 1504 (SC).
Written by
Vishal
Delhi
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