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2015 (2) TMI 1387 - SC - Indian LawsDishonour of Cheque - appellant contended that the pay order issued by the bank is nonetheless a cheque satisfying the definition of cheque under Section 6 of the Negotiable Instruments Act - HELD THAT:- Having regard to the specific prescriptions set out in Section 138 referring to 'the person' who issued the 'cheque' again referable to 'an account' of that person so on and so forth, we have our own doubts as to how far the said decision rendered in respect of pay order issued can be applied to the facts of this case. However, for other reasons which weighed with this Court for not granting any relief in this appeal, we do not wish to go into the said issue vis-à-vis the judgment relied upon by counsel for the Appellant and we leave it open for consideration as and when appropriate case arises before us. In the case on hand Respondent No. 1/Bank has been already dropped from the proceedings by order dated 1.11.2003 which has become final and conclusive. Therefore, in the first instance, even if the Appellant was to be permitted to proceed with the complaint as against Respondent No. 2, very many issues as regards how the pay order came to be issued and the return of the same by Respondent No. 1/bank would attract the penal provisions of Section 138 etc., which cannot be examined in the absence of the concerned accused, namely, the Bank being a party before the Court. Therefore, on this ground itself there is no scope to grant any relief to the Appellant for proceeding with the complaint as against Respondent No. 2. In the absence of necessary pleadings with particular details as regards the property based on which the transaction was stated to have been entered into between the Appellant and M/s. A.D. Exports Private Limited there is every justification in the stand of the Respondents to doubt the full transaction as between the Appellant and M/s. A.D. Exports Private Limited. More so, when a huge sum of ₹ 44,86,000/- was stated to have been parted by the said agreement holder to the Appellant who agreed to handover the possession and along with the title deeds - Appeal dismissed.
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