Cheque Dishonour, Sequence of Dates and Acquittal under S.138 of Negotiable Instruments Act, 1881

Cheque Dishonour, Sequence of Dates and Acquittal under S.138 of Negotiable Instruments Act, 1881

Dealing with a case of S.138 of Negotiable Instruments Act, 1881, acquitting the accused in Kamla Pyarelal Gupta v. Deepak [2018] GCtR 6589 (Nagpur, Bombay) it was noted that  the complainant has failed to prove that she has advanced Rs.40,000/­   to   the   accused   on   30/11/2002.   On   the   contrary,   she admitted that the accused has given cheque on the same day. If that is so, her evidence cannot be accepted that the accused has given cheque of Rs.40,000/­ on 02/05/2003. It was seen that the cheque given for security was used for repayment of amount by showing that the same was given on 02/05/2003.