2016 ACD 450 (BOM) ::2016 (2) ABR (Cri) 859 ::(2017) 1 Mh LJ (Cri) 513 ::2016 AllMR(CRI) 5086

Bombay High Court

Hon'ble Judge(s): A. M. Thipsay , J

(A) Negotiable Instruments Act (26 of 1881) S. 138, Proviso (a) — Dishonour of cheque — Acquittal — Validity — Whether cheque in question was presented to Bank for payment within stipulated time — Cheque was drawn on Karad Urban Co-operative Bank Limited with which accused had maintained an account — Plea that it was deposited by the complainant in his bank after validity period — Validity period of the cheque was till 20th November, 2005 — Memo regarding dishonour of cheque issued by drawee bank had not been produced — Complainant submitted that actually cheque had been presented before 20th November, 2005 and he has subsequently obtained the documents showing same — Held, complainant should be given an opportunity to establish that cheque had been presented to drawee bank within period stipulated by law — Order of acquittal, set aside (Paras 8, 9, 11)