Criminal Application to challenge acquittal under Sec. 138 NI Act where cheque dishonoured due to RBI Sec. 35A directive. Court held no fault with acquittal as dishonour was not due to insufficient funds, thus Sec. 138 not attracted.
Application rejected; acquittal of accused under Sec. 138 NI Act maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Mhi
CRIMINAL APPLICATION NO. 1966 OF 2009
IN
CRIMINAL APPEAL NO. of 2009
Mr. Rohidas Dnyanadev Satpute ... Applicant (Orig. complainant)
vs.
Mr. Sadashiv Kisan Sutar & Anr. ... Respondents
Mr C.K.Tripathi, Advocate, for the applicant Ms. U.V.Kejriwal, Advocate for the respondent No.2- State.
CORAM: J.H.BHATIA,J.
DATE : 14th March, 2011.
P.C.
accused/respondent for repairs of the tankers and other busiess requirements. The amount was to be repaid within 2 months, but inspite of repeated demands, the accused did not repay the accused. Finally, on 17.4.2006, the accused issued a cheque in favour of the complainant against his account with Mahaagar Co-op. Bank Ltd. Branch Chandan Nagar, Pune. The cheque was presented to the said
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Bank for encashment. However, on 18.4.2006, the cheque was returned by the Bank with an endorsement" RBI Directives U/s. Sec.35A". Thereafter, inspite of notice, the accused did not make payment
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fault with the order of acquittal.
(J.H.BHATIA,J.)
2 issues framed by the court
Whether acquittal under Sec. 138 NI Act is maintainable where cheque was dishonoured under RBI Sec. 35A directive prohibiting account operation.
Whether complainant is required to prove sufficient funds existed when bank cited RBI directive for dishonour.
4 provisions across 3 enactments
Rohidas Dnyanadev Satpute
Sadashiv Kisan Sutar
State of Maharashtra
J.H. BHATIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
