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TMI Blog2020 (1) TMI 1373X X X X Extracts X X X X X X X X Extracts X X X X ..... pinion, the applicants - original complainants were required to establish that cheques obtained by them were towards legally enforceable debt and in absence of any debt, the cheques obtained or in possession of original complainant would not lead the Court to believe that there is any debt outstanding against respondent no.2. In order to attract penal provision for bouncing of cheques contained in Chapter XVII of the Act, it is essential that dishonour of cheques should have been issued in discharge, wholly or in part of any debt or liability of the drawer to the payee. Strict liability under section 138 of the Act can be enforced only when cheques is issued in discharge of any legally enforceable debt or any other liability. There is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ASH K THAKKAR FOR THE APPLICANT MR PRANAV TRIVEDI, APP (2) FOR THE RESPONDENT ORDER 1. By way of present Revision Applications preferred under the provision of section 397 of Code of Criminal Procedure, the applicants - original complainant challenges the order dated 06.07.2020 passed in Criminal Appeal No.27 of 2019 passed by learned Sessions Judge, Halol and restore the judgment of Criminal Case No.2138 of 2015 dated 19.09.2019 and order dated 06.07.2020 passed in Criminal Appeal No.26 of 2019 passed by learned Sessions Judge, Halol and restore the judgment of Criminal Case No.2139 of 2015 dated 19.09.2019, whereby, the private respondent was convicted for the offence punishable under section 138 of the Negotiable Instrument ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re imprisonment, in case of default to pay fine. But, the learned Appeal Court reversed the judgment and order of learned Trial Court and therefore, present revisions. 4. Learned advocate Mr. Kaash Thakkar appearing for the applicants - original complainant took the Court through findings and observations recorded by the Courts below and would submit that price of land was ₹ 21 lakhs, but as one of the original complainant was illiterate, she did know what amount was written in the sale deed. According to the applicants, sale consideration mentioned in the sale deed was ₹ 1,80,000/- and it was paid, but as the applicant lady was illiterate, she was not aware about the amount mentioned in the sale deed, but in fact the land wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny debt, the cheques obtained or in possession of original complainant would not lead the Court to believe that there is any debt outstanding against respondent no.2. 7. In order to attract penal provision for bouncing of cheques contained in Chapter XVII of the Act, it is essential that dishonour of cheques should have been issued in discharge, wholly or in part of any debt or liability of the drawer to the payee. Strict liability under section 138 of the Act can be enforced only when cheques is issued in discharge of any legally enforceable debt or any other liability. There is no legal obligation on the part of the private respondent to effect clearance of cheques, if it is not issued towards legally enforceable debt or any other liab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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