Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

Absence of Proven Notice Renders Cheque Bounce Case Non-maintainable: Calcutta High Court Acquits Accused in Section 138 N.I. Act Case

07 May 2024 8:19 AM

By: Admin

In a significant ruling, the Calcutta High Court has acquitted an individual in a cheque bounce case, underscoring the indispensable requirement of proving notice under Section 138 of the Negotiable Instruments Act. The judgment, delivered by The Hon’ble Justice Shampa Dutt (Paul), emphasizes the procedural necessity of establishing the service of notice to the drawer of the bounced cheque.

The case, titled Sri Sarit Kumar Bose @ Sarit Kumar Basu Vs Smt. Rita Mallick & Anr. (CRR 1403 of 2019 with CRAN 1 of 2019), revolved around the conviction of the petitioner for a cheque dishonor under Section 138 of the N.I. Act. The original and appellate courts had convicted the petitioner without proper evidence of the mandatory notice being served, a key procedural element in such cases.

Justice Shampa Dutt (Paul) observed, "The notice under Section 138 is foundational for a dishonor of cheque case," indicating that without proven notice, the case is deemed non-maintainable. This statement forms the crux of the judgment delivered on January 17, 2024.

Highlighting the inadequacy of the lower courts' reliance on the accused's admission under Section 313 of the Cr.P.C., the High Court noted that such an admission alone is insufficient for conviction, especially when there is no corroborative evidence of notice service as per Section 138 N.I. Act.

The High Court's decision to set aside the judgments of the Additional District & Sessions Judge and the Trial Court for not being in accordance with the law and acquitting the petitioner, has been received as a significant precedent in the realm of negotiable instruments law. The judgment is expected to influence future cases involving cheque dishonor, highlighting the importance of procedural correctness and the rights of the accused.

Calcutta High Court's ruling brings to the forefront the essential legal tenets that govern cases under the Negotiable Instruments Act, particularly the non-negotiable requirement of proving notice in cheque bounce cases.

Date of Decision: 17.01.2024

Sri Sarit Kumar Bose @ Sarit Kumar Basu Vs Smt. Rita Mallick & Anr.

Latest Legal News

  • by sayum
    13 March 2026 2:33 PM
Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance
  • by sayum
    13 March 2026 2:33 PM
ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court
  • by sayum
    13 March 2026 2:33 PM
State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs
  • by sayum
    13 March 2026 2:33 PM
Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree
  • by sayum
    13 March 2026 2:33 PM
'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court
  • by sayum
    13 March 2026 2:33 PM
Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna