9911796707
TMI Blog2004 (8) TMI 768X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondent for the offence punishable under Section 138 of the Negotiable Instruments Act ended in acquittal. Therefore, this appeal. 2. According to the complaint, for the amount borrowed from the complainant, the accused issued a cheque, Ext. P1, drawn on 18-6-1997. It was presented to the bankers on the next day. By Ext. P2 it was dishonoured on the ground that the funds were insufficient. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bsence of rebuttal of presumption under Sections 118 and 139 of the Act, the accused shall have to be found guilty of the offence. The acquittal is, therefore, unjustified. 5. It is submitted by the accused that merely because of the issuance of the cheque and bouncing of the same, no offence is really made out. It should have been proved to be a legally enforceable debt. The complainant could ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused herself was that she had issued the cheque as a security in respect of the transaction between her husband and the complainant. Now, on the strength of a recent decision of the Supreme Court reported in I.C.D.S. Ltd. v. Beena Shabeer MANU/SC/0669/2002 it is contended that even a cheque issued by the wife as a guarantee for the due payment of the instalments in respect of a vehicle loan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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