Non Denial of issuance of Cheque and Acquittal under S.138 of Negotiable Instruments Act, 1881

Non Denial of issuance of Cheque and Acquittal under S.138 of Negotiable Instruments Act, 1881

In case of K.P. Gopi v. Shabna C [2011] GCtR 6588 (Kerala), trial court found that the accused is not guilty under Section 138 of the Negotiable Instruments Act, 1881. In this case there was no denial of the issuance of the cheque however, in the complaint and in the affidavit filed in lieu of the chief examination, the complainant has stated that he got acquaintance with the accused for several years, but he stated during the cross examination that the accused was introduced to him by one Thottathil Kannan, who took part in the mediation, when the cheque for Rs. 1,59,098/- was dishonoured.