Lawstreet Journal

Cheque Bounce Case: Rebuttal does not have to be conclusively established, Court acquits the accused [READ ORDER]

Lawstreet Journal 27 Dec 2021 6:39pm

Image courtesy: Lawstreet Journal Judiciary Cheque Bounce Case: Rebuttal does not have to be conclusively established, Court acquits the accused [READ ORDER]

In a recently registered case under Section 138 of the Negotiable Instruments Act, 1881, the Court of the Metropolitan Magistrate (at the Karkardooma Courts, Delhi) exonerated the accused on the ground that the complainant had miserably failed to prove the case beyond reasonable doubts. The accused was represented by Ares Law offices.

Brief Facts of the Case: 

The complainant, Mahavir Jain, had stated that the accused had approached him for a friendly loan, and the complainant had advanced an amount of Rs. 7 lacs on 19.08.2016 and that it was granted to him. The accused was paying interest on the loan amount regularly until January 2017; however, he defaulted in doing so in July that year.

On being constantly reminded of the payments, the accused finally issued the cheque in question dated 04.09.2018 for an amount of Rs. 7 lacs to dissolve his liability towards the complainant. However, the said cheque was dishonored twice on the ground - “Drawer Signature Differ.”

The complainant is thus claiming that he has furnished all the above necessary documents and that the signature of the accused is admitted in the cheque in question, and hence the legal liability of the accused stands established.

Contentions of the Accused: 

The accused stated that the complainant has alleged that he had advanced an amount of Rs. 7 lacs on 19.08.2016 to the accused as a friendly loan, however, the averments are completely vague, and no reason has been mentioned as to why the accused needed the… Continue Reading...


Tagged: cheque bounce   Negotiable Instrument Act  
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