2016 ACD 1117 (DEL) ::(2016) 234 DLT 84 ::(2016) 4 DLT(CRL) 442 ::(2017) 1 BankCas 438 ::(2017) 2 NIJ 97

Delhi High Court

Hon'ble Judge(s): Vipin Sanghi , J

(A) Negotiable Instruments Act (26 of 1881) S. 138 — Criminal P C (2 of 1974), Ss 311, 391 — Dishonour of cheque — Acquittal — Appeal — Additional documentary evidence to prove that liability existed on date of presentation of cheque — Can be allowed for just decision of case Held, on facts that perusal of the speaking order shows that the debt and liability of the accused had been quantified by the said order to the tune of Rs. 3,32,876.00. This liability existed on the date when the cheques in question were presented. Even subsequently, the said liability was affirmed in appeal by the second appellate committee. The speaking order which determined and crystallised the liability of the accused was passed on 01.10.2005, whereas the cheques in question were presented and dishonoured subsequently, i.e. on 30.11.2005. Thus, on the date of presentation of the cheques, the liability of the accused had been ascertained and crystallised. Court should exercise its jurisdiction under Section 311 read with Section 391 Cr. P. C. and permit the complainant to lead the additional evidence in the form of the said speaking order and the appellate order to prove that definitive liability existed on date of presentation of cheque. 2007 (4) JCC (NI) 388; 1999 Cri LJ 3529; 2007 Cri LJ 2750, Rel. .....