Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2019 (8) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (8) TMI 1788 - SC - Indian LawsDishonor of Cheque - insufficient funds - discharge of legally enforced debt or not - acquittal of the accused - HELD THAT:- In the present case, the appellant, accused was acquitted by the Trial Court inter alia on the ground that the respondent had not established that there was a legally enforceable debt. Since the appellant was convicted only in the High Court, the appellant had substantial ground to raise in the criminal appeal filed before this Court. Because of the reversal of the acquittal by the High Court and the conviction recorded only by the High Court, the appellant had opportunity of negotiating for settlement in this Court after filing the appeal. In such facts and circumstances of the case, this is not a case where cost is to be imposed. In view of the settlement arrived at between the parties, the conviction of the appellant under Section 138, N.I. Act in Criminal Appeal Nos. 588 and 589 of 2018 is set aside and the appellant is acquitted of the charges under Section 138 of the N.I. Act. Appeal allowed.
|