2018 ACD 856 (HP) ::AIROnline 2018 HP 367

Himachal Pradesh High Court

Hon'ble Judge(s): Vivek Singh Thakur , J

Negotiable Instruments Act (26 of 1881) , S.138— Dishonour of cheque - Payment in discharge of liability - Proof - Allegation that cheque issued by accused for payment of goods supplied got dishonoured - Evidence on record showing that payment against bills for which alleged cheque was issued were already made - Accused mentioning said fact in reply to statutory notice but said reply not referred in complaint - Complainant himself admitted receipt of said amount - Plea of goods being defective also not established for want of details as to supply of goods - Possibility of issuance of cheque not for part payment of alleged bills cannot be ruled out - Leave to appeal against acquittal, refused. Criminal P.C. (2 of 1974) , S.378(4)— (Para 14 15 16 17 18 19 20 21 22 25) .....