2018 (4) TMI 1409 - HC - Indian Laws

Failure to make payment - dishonor of cheques - respondent claimed that the cards, for which payment was sought, were not issued by respondent no. 1. - Held that - the petitioner failed to prove that there was any legal liability of the respondents to pay the cheque amount and dismissed the complaint, thereby acquitting the respondents - Finding of the learned Trial Court is neither illegal nor perverse warranting interference - petition dismissed.

Summary

Issues:
1. Delay in filing leave to appeal petition.
2. Allegations of dishonored cheques under Section 138 of the Negotiable Instruments Act, 1881.
3. Evidence presented by the petitioner.
4. Statements of the respondents under Section 313 Cr.P.C.
5. Lack of defense evidence from the respondents.
6. Doubtful issuance of USD card and lack of proof for certain transactions.
7. Legal liability of the respondents to pay the cheque amount.

Analysis:

1. The court allowed the exemption for the delay in filing the leave to appeal petition, condoning the 62-day delay.

2. The petitioner, APS Forex Services Pvt. Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent issued dishonored cheques totaling to a specific amount. Despite legal notice, the respondent failed to make the payment, leading to the complaint.

3. The petitioner presented evidence through its authorized signatory, including original cheques, returning memos, legal demand notice, ledger accounts, bank statements, and other financial documents to support the case.

4. Statements recorded under Section 313 Cr.P.C. from the respondents revealed their defense claiming the request letters were forged and the cards were not issued by them.

5. The respondents did not present any defense evidence during the proceedings.

6. The court raised doubts regarding the issuance of the USD card and lack of proof for specific transactions, highlighting discrepancies in the evidence presented by the petitioner.

7. After considering the evidence, the court found that the petitioner failed to establish the legal liability of the respondents to pay the cheque amount. Consequently, the trial court acquitted the respondents, and the leave to appeal petition was dismissed.

This comprehensive analysis covers the issues involved in the legal judgment, detailing the arguments, evidence, and court findings in a structured manner.