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TMI Blog2024 (10) TMI 887X X X X Extracts X X X X X X X X Extracts X X X X ..... he holder in due course issued notice as provided under Section 138 of the N. I. Act and the offence under Section 138 of the N.I. Act cannot be attributed. Therefore, the Trial Court has dealt with the contentions raised by the respective parties and rightly passed the impugned judgment and order of acquittal. The Trial Court, after considering the evidence and the relevant decisions, has rightly passed the impugned judgment and order of acquittal and hence, no interference is required to be called for. This Court is complete agreement with the findings recorded by the Trial Court and this Court does not find any infirmity and perversity in the impugned judgment and order of the Trial Court. Under such circumstances, the present appeal is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... closed and, therefore, the complainant issued legal notice under Section 138 of Negotiable Instruments Act (hereinafter be referred to as the N. I. Act ) through his advocate and the accused gave evasive and false reply to the notice. It is further alleged that as the accused did not return the amount, he has filed the complaint before the Trial Court which was registered as Criminal Case No.295 of 2005. 3. After hearing the learned counsel appearing for the respective parties and perusing the evidence available on record, acquitted the accused from the charges levelled against him. 4. Being aggrieved and dissatisfied with the impugned judgment and order of acquittal passed by the Trial Court, the present appeal is filed. 5. Heard Mr.Parth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as given as collateral security it would not lack consideration and, therefore, Section 138 of the N. I. Act is attributed to the facts of the present case. In support of his submission, Mr.Tolia, learned counsel has relied upon the decision of the Hon ble Supreme Court in the case of B. I. Zala Vs. Shanku Concrete (Pvt.) Ltd and others reported in 2005 (3) GLH 685 more particularly para 5 which reads as under:- 5. We heard the learned counsel for the appellant and also the learned counsel appearing for the State. The facts in this case show that the second respondent-herein, on behalf of the Company, issued the Cheque and that he had received Rupees 15 lakh from the complainant. Therefore, it appears that the Cheque was supported by consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion by him from the bank regarding the return of the cheque as unpaid; 7.1 Mr.Vyas, learned counsel has submitted that the complainant has no right to state that he is a payee or holder in due course of the cheque because the cheque issued in favour of the father of the complainant and even at the time of issuance of statutory notice under Section 138 of the N. I. Act, said Sureshbhai was already expired and, therefore, notice itself is not attributed to the provision of the N.I. Act. He has submitted that the Trial Court has rightly considered the facts in its true and proper perspective and is in consonance with the settled principles of law. Mr.Vyas, learned counsel has relied upon the decision of the the Karnataka High Court in the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and material on record. This Court has perused the impugned judgment and order of acquittal passed by the Trial Court and the decisions cited at the Bar. Considering the facts of the case, it reveals that the cheque in question was issued in favour of father of the complainant towards the debt and during the course of clearance of the cheque, the drawee was passed away and, therefore, the complainant posed himself as payee or the holder in due course issued notice as provided under Section 138 of the N. I. Act and the offence under Section 138 of the N.I. Act cannot be attributed. Therefore, the Trial Court has dealt with the contentions raised by the respective parties and rightly passed the impugned judgment and order of acquittal. The T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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