M/S Coolage v. M/S Anil Refrigeration Work
Case brief
What is this about?
Chhattisgarh High Court, Bilaspur; ACQA No. 554 of 2024; decided 21.01.2025 by Justice Narendra Kumar Vyas; neutral citation 2025:CGHC:3659. Section 138 NI Act acquittal appeal by complainant; presumption under Sections 118/139 NI Act; reverse onus on accused; defence that cheque was given as security rejected; blank/signed cheque attracts presumption; Section 146 NI Act — cheque return memo without bank seal or signature does not invalidate dishonour presumption; memo not a Bankers Books Evidence Act, 1891 document; Guneet Bhasin (Delhi HC) followed; Mohd. Yunus Malik (Allahabad HC) and India Cements (Madras HC) relied on; Kalamani Tex and Rajesh Jain v. Ajay Singh relied on; remand to trial court to examine bank officer with authenticated records; parties to appear 18.03.2025; amounts: invoices Rs. 10,61,196/-, cheques Rs. 8,20,000/-, dishonoured cheque Rs. 3,00,000/-.
What did the court decide?
Appeal partly allowed; the trial Court's findings on liability and on the cheque return memo set aside/quashed; matter remitted to the trial Court to record proof of presentation and dishonour of the cheque by examining the bank officer with authenticated bank records; parties directed to appear before the trial Court on 18.03.2025 without fresh notice.