2020 (2) TMI 466 - HC - Indian Laws

Dishonor of Cheque - section 138 of NI Act - complainant had not clarified in his cross examination about exact date of cheque when handed over to him nor he succeeded to prove service of notice as per the provisions established in the Negotiable Instruments Act - HELD THAT - The applicant has shown his bonafides by depositing in all total ₹ 1, lac. Issue requires consideration - Rule returnable on 3rd March 2020.

Summary

Issues: Challenge to lower court judgments under Section 138 of Negotiable Instruments Act, irregularities in conviction, lack of evidence appreciation, bail application.

Analysis:
1. Challenge to Lower Court Judgments:
The applicant challenged the judgments and orders passed by the Civil Judge, JMFC, Nizar, and the Sessions Judge at Vyara, Dist: Tapi. The contention was that the lower courts had committed irregularities in convicting the applicant under Section 138 of the Negotiable Instruments Act without satisfying the necessary ingredients. The applicant, a CRC Coordinator and Teacher, had allegedly taken ?1 lac at 10% interest from respondent no.2 for his son's admission, providing 25 blank cheques and an ATM card as security. The complainant's failure to clarify the exact date of cheque handover and prove service of notice under the Act was highlighted. Despite this, the applicant exhibited good faith by depositing the entire amount in the Criminal Appeal. The issue was deemed to require consideration.

2. Bail Application:
The applicant filed a miscellaneous application seeking bail. The learned advocate reiterated the irregularities in the lower courts' judgments and urged the court to grant the prayer in the application. The learned APP for the respondent-State objected to these submissions and requested the dismissal of the application. After hearing both sides, interim relief was granted, and the applicant was ordered to be released on regular bail upon executing a fresh bond of ?10,000 and providing one surety of the same amount. The condition included proceeding with the revision application as required, surrendering the passport if held, and obtaining prior permission before leaving India. The rule was made absolute to this extent, and the present application was disposed of with direct service permitted.

In conclusion, the judgment addressed the challenges to lower court decisions under the Negotiable Instruments Act, emphasizing irregularities in conviction and lack of evidence appreciation. The bail application was granted with specific conditions for the applicant's release.