9911796707
|
Home
Issues Involved:
1. Validity of the complaint under Section 138 of the Negotiable Instruments Act. 2. Payment of part amount by the accused and its impact on the complaint. 3. Presentation of the cheque and alleged request for delay. 4. Timeliness of the statutory notice under Section 138 of the Negotiable Instruments Act. Issue-wise Detailed Analysis: 1. Validity of the complaint under Section 138 of the Negotiable Instruments Act: The appellant challenged the acquittal of the accused by the Metropolitan Magistrate, who had acquitted the accused for the offence under Section 138 of the Negotiable Instruments Act. The complainant alleged that the accused had issued a cheque for Rs. 15,00,000/- which was dishonored due to "insufficient funds." The Magistrate concluded that the complaint was not maintainable as the accused had already paid Rs. 2,00,000/- and the remaining liability was only Rs. 13,00,000/-, not Rs. 15,00,000/-. 2. Payment of part amount by the accused and its impact on the complaint: The accused argued that they had paid Rs. 2,00,000/- out of the Rs. 15,00,000/- and were only liable for Rs. 13,00,000/-. The Magistrate held that filing a case for the entire amount of Rs. 15,00,000/- was not valid. However, the High Court found this reasoning unsustainable in law, citing the decision in S. Thangamani v. R.S.T. Steels, which held that the liability under Section 138 could be for a portion of the cheque amount. The High Court emphasized that the payment of Rs. 2,00,000/- did not absolve the accused from the liability of the remaining amount. 3. Presentation of the cheque and alleged request for delay: The accused claimed they had requested the complainant to delay the presentation of the cheque. The Magistrate accepted this claim, affecting the complainant's case. However, the High Court found no evidence supporting the accused's claim of requesting a delay. The High Court noted that the accused failed to produce any document proving such a request and that the complainant denied receiving any such request. The High Court concluded that the Magistrate's finding was contrary to the evidence on record. 4. Timeliness of the statutory notice under Section 138 of the Negotiable Instruments Act: The Magistrate held that the statutory notice was not sent within the stipulated period, as required under Section 138. The complainant received the bank intimation on 10-5-1996 and sent the notice dated 23-5-1996 on 24-5-1996. The Magistrate observed that the notice was delivered only on 27-5-1996 and 28-5-1996, concluding it was not sent within the prescribed time. The High Court, however, found that the notice was indeed dispatched on 24-5-1996, within the 15-day period from the receipt of the bank intimation, making the notice compliant with the statutory requirement. The High Court held that the Magistrate misread the documents and wrongly concluded that the notice was not sent within the time limit. Conclusion: The High Court found that the trial Magistrate overlooked material evidence and misread the evidence on record. The High Court set aside the order of acquittal, convicting the accused. Considering the mitigating circumstances, including the company's financial condition and the death of one of the accused, the High Court directed the second respondent to pay Rs. 5,00,000/- as compensation within two months. In default, the second respondent would undergo rigorous imprisonment for six months.
|
