Appeal against conviction under Section 138 NI Act dismissed. Court rejected appellant's claim that subsequent cash payment discharged cheque liability, finding no evidence of subsequent purchases and lack of settlement agreement.
Criminal Appeal dismissed; miscellaneous applications closed.
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SMT JUSTI CE T. RAJANI
CRI MI NAL APPEAL No.1 0 3 1 of 2 0 0 6
ORDER:
This appeal is preferred by the appellant, who is the 1st respondent before the court below, aggrieved by the judgment dated 05.10.2004, passed by the III Additional Metropolitan Sessions Judge, Hyderabad, in Crl.A.No.107 of 2004, which was allowed setting aside the conviction and sentence imposed against the 1st respondent/ accused by the XVII Metropolitan Magistrate, Hyderabad, passed in C.C.No.1000 of 2000, dated 26.03.2004.
2. The facts, in brief, are as follows:
On 27.03.2000, accused purchased transformer, stabilizer and other electric fittings from the complainant firm, for a total consideration of Rs.1,00,000/ - and issued cheque for Rs.75,000/ - drawn on the State Bank of India, Adarshnagar towards part payment, in discharge of the liability and on 29.03.2000 the appellant/ accused paid a sum of Rs.25,000/ - by cash and appellant/ accused requested the complainant to present the said cheque in the month of August, 2000. Accordingly, the complainant deposited the said cheque in the month of September, but it was dishonoured on the ground of insufficient funds. Thereby, the complainant issued a reply notice on 03.10.2000, calling upon the accused to pay the amount covered under the cheque. The accused received the notice but did not make any payment.
2
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accused paid Rs.25,000/ - towards subsequent purchases and that too in cash.
Accordingly, the Criminal Appeal is dismissed. As a sequel, the miscellaneous applications, if any pending, shall stand closed.
August 13, 2018 LMV
1 issue framed by the court
Whether the cash payment of Rs.25,000 made subsequent to the cheque date discharges the liability under the cheque for a legally enforceable debt.
1 provisions across 1 enactments
Smt Justi CE T. Rajani
Complainant
LMV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
