LALIT MOHAN PANDEY Vs. ARVIND KUMAR PATHAK AND ANOTHER
LAWS(UTN)-2013-3-145
HIGH COURT OF UTTARAKHAND
Decided on March 12,2013

LALIT MOHAN PANDEY Appellant
VERSUS
Arvind Kumar Pathak And Another Respondents

JUDGEMENT

- (1.) This criminal appeal has been filed by the complainant/ appellant assailing the judgment and order of acquittal dated 13.3.2006 passed by the Judicial Magistrate, Ramnagar (Nainital) thereby acquitting the accused/respondent no.1 for the offence punishable u/s 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as the Act).
(2.) The genesis of complaint lodged by appellant is that respondent no.1 holds a firm under the name and style 'Pathak Boot House'. Respondent no.1 had to supply footwear to the appellant on wholesale basis wherefor he received a sum of Rs.50,000/- from the latter. In order to ensure the supply, respondent no.1 had drawn a cheque of Rs.50,000/- from his banker and issued it to the appellant as security. Later on, the transaction between the two could not take place since the Value Added Tax (VAT) was imposed by the Government meanwhile. Thus, the terms and conditions of the original agreement of supply could not be fulfilled, with the result; appellant could not get any supply from respondent no.1. Appellant thereafter submitted the impugned Cheque for encashment through his bank on 18.4.2005 which was dishonoured on 20.4.2005. The appellant was accordingly informed on 21.4.2005. He thereafter issued notice on 28.4.2005, as envisaged u/s 138 of the Act, which was duly replied by respondent no.1 on 10.5.2005. Feeling disgruntled, appellant filed a complaint under the provisions of the said Act wherein the judgment and order of acquittal was passed. But at the same time, learned trial court directed respondent no.1 to pay a sum of Rs.50,000/- along with interest thereon to the appellant.
(3.) The basis of judgment was that the impugned cheque was not issued so as to discharge any debt or any other liability, so it was not a legally enforceable debt or other liability.;


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