2020 ACD 301 (KER) ::AIROnline 2019 Ker 800

Kerala High Court

Hon'ble Judge(s): T. V. Anilkumar , J

(A) Negotiable Instruments Act (26 of 1881) , S.138, S.142— Cheque dishonour complaint-Maintainability-Plea of accused that leave u/S. 302 Cr.P.C. not sought by complainant-Power of attorney showing that complainant, agent of original complainant-Provisions of S. 302 Cr.P.C. has no bearing on prosecutions filed u/S. 138 of Act of 1881-Order holding complaint not maintainable, erroneous and set aside (Para 6) (B) Negotiable Instruments Act (26 of 1881) , S.138— Dishnour of cheque-Legally enforceable debt-Neither date of transaction nor date of issuance of cheque mentioned-Plea of accused that cheque delivered as securty in respect of hire-purchase agreement-Particulars of cheque filled in with ink different than one with with which cheque signed-Mere assertion by complainant that cheque was taken in discharge of legally enforceable debt not sufficient to hold accused liable-Accused entitled to benefit of doubt (Para 8 9 10 11) .....