Criminal revision allowed setting aside conviction under section 138 of Negotiable Instruments Act, holding complainant failed to prove issuance of cheque or statutory service of notice.
Conviction recorded against the applicant set aside.
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.
Cri.Revn.194.2010
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE
CRIMINAL REVISION APPLICATION NO. 194 OF 2010
Smt. Ravindra M. Jatala
Versus
State of Maharashtra and Anr.
... Respondents
Ms. Chaitrali Deshmukh, Advocate for the applicant.
Mrs. R.V. Newton, A.P.P. for State .
CORAM : K.U. CHANDIWAL,J. DATED : SEPTEMBER 12, 2011
P.C.
Heard.
Criminal case no. 4110 of 1999 for the offence under section 138 of N.I. Act and confirmed in Criminal Appeal No. 47 of 2008 vide order dated 25.1.2010.
nexus with the firm Shraddha Fabrics of which two cheques were in
Cri.Revn.194.2010
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question purportedly issued to the complainant. The second aspect which the accused/applicant had through out canvassed was the notice was not served upon him. The address mentioned on UPC service is wrong. The revision applicant does not stay at the said address.
3 Cri.Revn.194.2010
his signature and he does not know the bank witness. He also does not know why the witness is stating false against him.
raised by the accused/applicant. The learned Sessions Judge banged on statement of 313 of Cr.P.C. of accused applicant diverting himself from the discussion of evidence. It is settled legal position, merely based on statement of accused applicant under section 313 Cr.P.C. liability should not be fastened. The basic requirement to prove the case or issuance of cheque or statutory service of the notice was on the complainant which from the record apparently is not adhered to. The proof of UPC service cannot be said to be on the residential address of the accused applicant as he was served with the summons on altogether new address. Both the courts did not venture to these aspects of the mater and recorded conviction. Taking survey of the above facts, the conviction recorded against the accused applicant and questioned hereunder is set aside. Revision application is allowed.
2 issues framed by the court
Whether conviction could be sustained when the complainant failed to prove statutory service of notice and issuance of cheque.
Whether liability can be fastened merely based on the accused statement under section 313 Cr.P.C.
2 provisions across 2 enactments
Smt. Ravindra M. Jatala
State of Maharashtra
K.U. Chandiwali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
