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In this case of DK Chandel Vs. M/s Wockhardart ltd. And anr. (Criminal Appeal no. 132 of 2020) the issue which was brought before the SC was the conviction of the accused under section 138 of Negotiable Instrument Act in the persuance of which a criminal case was filed by the appellant in the present case. In this given case the matter was that the accused has had brought pesticides from the appellant company , on credit. Later paid his due in installments with a cheque drawn in the name of company. It was alleged by complainant that when all these cheques were produced before the bank to transfer the payments it bounced and were returned by the bank stating insufficient funds in the bank account of the defendant. In this certain case when the matter was brought to the trial court ,it held the accused responsible and convicted him and it also opined that the complainant have not produced the cash book or account book to show the amount which is due and which is payable by the accused. Later when the case was brought to the HC and after all the hearings and arguments provided from both sides of the parties before the court . HC held that the conviction of the accused is justified and does not require any interference of HC in the judgement given by the trial court but it clarified a point which is showing of account book or cash book may be relevant in the cases of civil nature as in this case but the cases filed under the section 138 of Negotiable Instrument Act of criminal nature doesn't have any relevancy of cash books or account books .
Later when the matter was taken to the SC as the accused was not satisfied with the judgements of the both the courts and took the matter to highest authority, where again in the bench of R Bhanumati and AS Bopannah hearings in this matter were conducted and the court after considering the arguments from both the parties and considering the judgements held by the previous courts observed and reached to the conclusion that in the present case which was filed under Section 138 of the Negotiable Instrument Act of Criminal Nature , court of highest honour also finds the conviction of accused justifiable and held that it does not seem to interefere in the judgement held by the HC and the matter was thereby dispossed off.
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