Lawstreet Journal

SC Says No Need To Produce Accounts Book In Criminal Case U/S 138 Of NI Act

Lawstreet Journal 12 Feb 2020 3:32pm

Image courtesy: Lawstreet Journal Judiciary SC Says No Need To Produce Accounts Book In Criminal Case U/S 138 Of NI Act

On 20th January 2020, Supreme Court observed that there is no need to produce account books/cash book in case of criminal proceedings under Section 138 of the Negotiable Instrument Act, 1881. The decision was given by the bench comprising Justices R. Banumathi and AS Bopanna.

This decision came in a case where the decision of trial court had been overruled by the court of first appeal. According to the trial court the accused was guilty, but the appellant court reversed it as the complainant didn't produce cash and account books to prove that the amount was due and payable by the accused.

The case was that the accused purchased pesticides on credit from the complainant’s shop and made part payment by endorsing a cheque which was disowned by the bank because of ‘insufficient funds’.

However, the high court restored the decision of the trial court and observed that “the reason was given by the Lower Appellate Court that he didn't bring the cash book or order book, etc. could well be understood, if civil suit is tried but on the contrary, the order passed by the lower Appellate Court is in the criminal case filed under Section 138 of the N.I. Act."

When the same case was presented in front of the Supreme Court, it upheld the decision and observed that “As held by the Trial Court as well as by the High Court that the cheque was issued towards the amount due and payable by the appellant for purchase… Continue Reading...

Tagged: Negotiable Instrument Act  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0

C2RMTo Know More

Something Awesome Is In The Work









Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail