TMI Blog2016 (3) TMI 762X X X X Extracts X X X X X X X X Extracts X X X X ..... here is no escape for the court from drawing such presumption - Whatever defence has been taken by the accused respondents as pointed out by the learned counsel appearing for the respondents before us, cannot be a ground for quashing a criminal prosecution. - Criminal Appeal Nos.458-465/2004 - - - Dated:- 10-2-2016 - MR. M.Y. EQBAL AND MR. ARUN MISHRA, JJ For the Petitioner : Mr. P. V. Y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;Act'). It appears that the fourth accused on behalf of the third accused issued cheques in favour of the first accused drawn on the Vysya Bank Limited, Gajuwaka Branch, Visakhapatnam and against those cheques, the accused persons received money from the Bank. However, when the cheques were negotiated by the complainant with the issuing Bank, the cheques were dishonoured and returned with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lex Limited, Hyderabad 2000 (4) ALT 325 and V. Balaji Anr. vs. D. Vijaya Gopala Reddy 1999 (2) ALT 125, held that the appellant Bank being a holder in due course cannot file a complaint under section 138 of the Act as there is no legally enforceable debt between the accused. Consequently, the criminal prosecution was quashed. We have heard learned counsel appearing for the parties and per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... due course of the cheques, as the case may be. Section 8 of the Act defines holder as any person entitled in his own name to the possession of the cheque and to receive or recover the amount due thereon from the parties thereto. We have no doubt that the complainant Bank was well within its right to possess the cheque and to receive or recover the amount covered by the instrument. Holder in due ..... X X X X Extracts X X X X X X X X Extracts X X X X
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