2018 ACD 1150 (MAD)

Madras High Court

Hon'ble Judge(s): R. Pongiappan , J

Negotiable Instruments Act (26 of 1881) , S.138— Dishonour of cheque - Legally enforceable debt - Allegation that cheque issued by accused to complainant by way of part payment of loan in terms of memorandum of understanding, got dishonoured - On very next day of execution of memorandum of understanding, accused issued legal notice alleging that it was got executed by coercion - Accused also requesting bank to not to honour cheque - Also filing civil suit - Evidence of wife of accused supporting case of accused - Evidence that accused was in hurried mood on day of execution of memorandum of understanding - Complaint regarding money dispute also filed by accused - Complainant not producing any document in support of loan transaction - Defence of accused, probable - Cheque not issued for discharge of legally enforceable debt - Accused acquitted. (Para 9 10 11 12 13 14 15) .....