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2017 (6) TMI 1127 - BOMBAY HIGH COURTOffence punishable under Section 138 - Held that:- The cheque was issued by the accused which was drawn on the account which was not belonging to the accused but someone else. It appears that the said account was of the father of the accused. In view thereof, it can safely be said that the ingredients of Section 138 are not attracted. Paragraph 2 of the complaint reveals that the cheque was issued from the account of the accused. However, the account number is not mentioned. In paragraph 3 of the complaint, it is mentioned that the cheque was issued for crediting the same in the account of father of the accused. The said fact makes amply clear that it does not attract the provisions of Section 138 of the N.I.Act. On careful scrutiny of the case, it appears that the loan transaction was with the father of the accused and the accused had handed over the cheque which was to be credited in the account of his father, to repay the outstanding amount due on his father and the said cheque was utilised by the bank authority for securing the dues of the accused from his account i.e. Account No. 0000226. Thus, the complainant has utterly failed to prove that the cheque was drawn on the account of the accused. The ingredients of section 138 of the N.I. Act are not proved by the complainant. The accused is therefore entitled for acquittal.
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