Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Negotiable Instruments Security Cheque |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Negotiable Instruments Act, 1881 - ss. 118(a), 138 and 139 - Cheque issued by respondent in favour of appellant - Dishonoured on account of insufficiency of funds - Complaint by appellant u/s. 138 alleging that the cheque represented repayment of personal loan granted for two months - Difference version of accused-respondent that the cheque was given merely as a security deposit in terms of a prevailing trade o practice and not towards repayment of any loan; that even after eventual settlement of accounts between the parties, the cheque was not returned to the respondent, which resulted in, altercation between the parties and that subsequently as a counter blast theĀ· appellant presented the cheque for encashment - Conviction of appellant by trial Court - High Court set aside the conviction - Justification - Held: Justified - Appellant failed to establish that the cheque in fact had been issued by the respondent towards repayment of personal Joan - Absence of any documentary or other evidence in that F regard - If the cheque was issued towards repayment of loan which was meant to be encashed within two months, it is beyond comprehension as to why the cheque was presented by the appellant on the same date it was issued - Respondent would have had no reason to ask for a loan from the appellant if he had the capacity to discharge the loan amount on the date when the cheque had been issued - Besides, the cheque was presented on the day following altercation between the parties - Also, the complaint lodged does not specify the date on which the loan amount was advanced - Nor does the complaint indicate the date of its lodgement - Defence A succeeded in dislodging the complainant-appellant's case on the strength of convincing evidence of rebuttal and thus discharged the burden envisaged u/ss. 118 (a) and 139 of the N. I. Act - Appellant's case in the realm of grave doubt - Acquittal of respondent confirmed - The Banking Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988. |
Judge | Hon'ble Ms. Justice Gyan Sudha Misra Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 81 |
Petitioner | Vijay |
Respondent | Laxman And Anr. |
SCR | [2013] 4 S.C.R. 80 |
Judgement Date | 2013-02-07 |
Case Number | 261 |
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