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Issues involved: Appeal against order of acquittal u/s 138 of N.I. Act for dishonored cheque issued by Software Engineer to employer for breach of contract.
Summary: 1. Breach of Contract and Dishonored Cheque: The appellant alleged that the respondent, a Software Engineer, breached the agreement by leaving the job prematurely after training, causing loss. The respondent denied liability, claiming coercion in issuing the cheque. Trial Court acquitted the respondent, citing civil nature of the dispute. Appellant contended that the cheque was enforceable debt u/s 138 of N.I. Act. 2. Defense and Allegations: Respondent argued temporary selection, inadequate pay in Mumbai, and coercion in cheque issuance. Claimed exploitation and human rights violation, denying liability for the cheque amount. Alleged forgery in the cheque contents except the signature, challenging the validity of the transaction. 3. Legal Interpretation of Section 138: Section 138 of N.I. Act aims to prevent dishonesty in banking transactions. Presumption in favor of the complainant unless rebutted by the accused. Objective is to ensure credibility in negotiable instruments and protect honest drawers from fraudulent actions. 4. Rebuttal of Presumption and Probable Defense: Respondent's defense aimed to rebut the presumption u/s 139 of N.I. Act. Claimed hardship due to transfer to Mumbai, challenging the breach of contract. Emphasized the need for a free consent in agreements, highlighting the coercion aspect in obtaining the cheque. 5. Conclusion and Legal Implications: Court rejected the application seeking leave, upholding the acquittal order. Emphasized the need for a separate civil enquiry to determine breach of contract and coercion allegations. Ruled that dishonor of the cheque does not automatically establish liability u/s 138, requiring thorough examination of the factual and legal aspects. This summary provides a detailed overview of the legal judgment, highlighting the key issues, arguments, and legal interpretations involved in the case of appeal against the acquittal order u/s 138 of N.I. Act.
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