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TMI Blog2017 (5) TMI 587X X X X Extracts X X X X X X X X Extracts X X X X ..... lear that it is not every return of a cheque unpaid which leads to prosecution of an offence under the said provision of law. For such purposes, the cheque must have been returned “unpaid” either because the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpleading the second to fourth respondent as accused persons, each case alleging offence having been committed under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act) respecting two different cheques they being cheque nos.035145 dated 07.07.2012 and 035146 dated 05.07.2012 each of ₹ 2,00,000/- issued against the account of the second respondent herein with ICICI Bank, Okhla Indu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d served on 03.10.2016 to which the respondents pleaded not guilty. 3. The evidence was led by the complainant by examining its authorised representative Mr. D.N. Raju (PW-1). The complainant having rested its case in both the matters after the said evidence, statements of the respondents were recorded under Section 313 read with Section 281 Cr. PC and, thereafter, the Metropolitan Magistrate b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complainant s witness V.N. Raju in his affidavit submitted with the complaint. When he was examined on fresh affidavit at the trial he reiterated the reason now referring to the remarks in the return memos the same being account blocked . The learned Metropolitan Magistrate accepted the said fact as good reason to dismiss the complaints. 6. In the opinion of this court, the view taken by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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