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by Admin
07 May 2024 2:49 AM
In a recent judgment by the High Court of Delhi, the Court emphasized the crucial importance of establishing a “legally enforceable debt” in cases involving Section 138 of the Negotiable Instruments Act, 1881 (NI Act). The headline quote from the Court’s observation on this matter is as follows:
“The complainant is duty-bound to show and establish the basic ingredients therein, without which, the very complaint is bound to crumble and fall as the very essence of such a complaint is lost.”
In this case, the petitioner, who was the complainant, sought leave to appeal against the acquittal of the respondent by the Trial Court. The respondent had been accused of dishonoring a cheque. However, the Court found that the complainant had failed to establish the existence of a legally enforceable debt owed by the respondent. The Court also noted material contradictions in the complainant’s testimony and the lack of evidence regarding the breakup of the cheque amount.
The Court further stated that it was the complainant’s responsibility to provide clear evidence linking the cheque amount, the relationship with the respondent, and the surrounding circumstances to prove the offense under Section 138 of the NI Act. The Court ultimately upheld the acquittal, finding no new grounds for interference and deeming the Trial Court’s order as plausible.
This judgment serves as a reminder that in cheque bounce cases, complainants must meticulously establish the elements required by the law, including the existence of a legally enforceable debt, to successfully prosecute their case.
Date of Decision: January 05, 2024
BHAGWATI DEVI VS SH. BALRAJ SINGH CHOPRA
