Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2008 (5) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (5) TMI 696 - SC - Indian LawsOffence Punishable u/s 138 Negotiable Instruments Act - Dishonour of the cheques - forged and fabricated cheques - alteration by changing figure in digit - legally recoverable debt or not - High Court convicted the appellant - HELD THAT:- We find that the learned Single Judge has not addressed himself on the legal question raised before him by the appellant that the criminal liability of the appellant under the provisions of Section 138 of the Act are attracted only on account of the dishonour of the cheques issued in discharge of liability or debt, but not on account of issuance of security cheques. The learned Single Judge has also not given cogent, satisfactory and convincing reasons for disbelieving and discarding the pre-charge evidence of the appellant corroborated by the evidence of the expert opinion in regard to the interpolation in and fabrication of the cheques by adding one more figure '0' to make ₹ 30,000/- to ₹ 3,00,000/- and similarly adding one more figure '0' to make ₹ 40,000/- to ₹ 4,00,000/-. In the backdrop of the facts of these cases, we are of the opinion that the judgments and orders of the High Court cannot be sustained on the premise that the High Court has not addressed itself on the above-said two legal questions raised by the appellant and, therefore, the impugned judgments and orders dated 25.01.2007 and 19.02.2007 are set aside. The matters are remitted to the High Court to decide the appeals filed by the respondent against the appellant and criminal miscellaneous petitions seeking for quashing the first information reports registered against the respondent and his wife. Needless to say that any observation made by us in this judgment shall not be construed as an expression of opinion on the merits of the cases, which shall be decided by the High Court on their own merits in accordance with law. Appeals shall stand disposed of.
|