Accused charged under Section 138 NI Act, 1881, acquitted in light of “no evidence”

Madras High Court: In a Single Judge Bench decision comprising of P. Kalaiyarasan, J., accused was acquitted of the charges under Section 138 of Negotiable Instruments Act, 1881, confirming the decision of the first appellate court.

The brief facts of the case states that the complainant/ appellant had given an amount of Rs. 3, 50,000 to the accused for meeting his family expenses for which the accused had issued a cheque to the complainant. On the deposit of the said cheque it was returned with an endorsement “insufficient funds”. For the same stated contention a legal notice was issued in the name of the accused.

The trial court had convicted the accused under Section 138 of the Negotiable Instruments Act, 1881, which further was reversed in the decision of the first appellate court; therefore, the complainant filed the criminal appeal. The contention of the accused was that the cheque was stolen and the same was misused in the year 2007 with some other cheques contained in a bag.

The Hon’ble High Court, on perusal of the records, in which exhibits were attached in regard to the complaint filed for the lost bag containing the cheques, held it as established that the criminal appeal stands dismissed as no evidence has been recorded against the accused and the decision of the first appellate court was confirmed. [Arul Mari Joseph v. Edward Raj, 2018 SCC OnLine Mad 1322, dated 11-04-2018]

One comment

  • No evidence inrespect of fact that the cheque was issued to complainant – cheque was bounced – Notice sent on wrong address which was returned back – Complaint filed with wrong address of accused -No summon – accused appeared after getting knowledge in a civil suit where the complainant being the deffendent of the suit filed WS . Whether the accused be aquitted?

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