Gurpreet Singh v. Kapil Expo Trade (P) Ltd.

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The Tax Publishers 2018 TaxPub(CL) 0931 (HP-HC) Gurpreet Singh v. Kapil Expo Trade (P) Ltd. NEGOTIABLE INSTRUMENTS ACT, 1881 --Dishonour of cheque for insufficiency, etc., of funds in account --Petition by purchaser for acquittal of offence Compensation amount bona fidely* deposited by purchaser --Entire compensation amount fully satisfied and realized by supplier--Where purchaser had shown his bona fides* by entire depositing compensation amount as per order of Trial Court and the entire compensation amount was fully satisfied and realized by supplier, therefore, Court, in its discretion, closed proceedings of section 138 and discharged accused for an offence punishable under section 138. --Purchaser purchased material from supplier. Therefore, he issued two cheques in discharge of his liability, but the cheques were dishonoured on date of presentation. Supplier filed a complaint under section 138 against the purchaser. Trial Court had passed an order of conviction, which was also affirmed by Sessions Judge. Purchaser filed revision petition before High Court against the order on the ground that he had deposited entire compensation amount assessed upon him by the Trial Court, which was fully satisfied and realized by the purchaser. Therefore, he was acquitted of the offence under section 138.Held: If Court being satisfied with that complainant had been duly compensated, then, the Court in its discretion closed proceedings of section 138 and discharged accused for an offence punishable under section 138. Purchaser had shown his bona fides by depositing the entire compensation amount. Further that, the entire compensation amount was fully satisfied and realized by the supplier. Hence, the purchaser was acquitted of the offence under section 138. Negotiable Insruments Act, 1881 Section 138 *REFERRED :* P. Ramadas v. State of Kerala & Anr., (2018) 3 SCC 287 : 2018 TaxPub(CL) 0267 (SC) M/s. Meters and Instruments (P) Ltd. & Anr. v. Kanchan Mehta, Cr. Appeal No. 1732 of 2017 : 2017 TaxPub(CL) 0840 (SC) SUBSCRIBE FOR FULL CONTENT

The Tax Publishers 2018 TaxPub(CL) 0931 (HP-HC)

Gurpreet Singh v. Kapil Expo Trade (P) Ltd.

NEGOTIABLE INSTRUMENTS ACT, 1881

--Dishonour of cheque for insufficiency, etc., of funds in account --Petition by purchaser for acquittal of offence Compensation amount bona fidely deposited by purchaser --Entire compensation amount fully satisfied and realized by supplier--Where purchaser had shown his bona fides by entire depositing compensation amount as per order of Trial Court and the entire compensation amount was fully satisfied and realized by supplier, therefore, Court, in its discretion, closed proceedings of section 138 and discharged accused for an offence punishable under section 138. --Purchaser purchased material from supplier. Therefore, he issued two cheques in discharge of his liability, but the cheques were dishonoured on date of presentation. Supplier filed a complaint under section 138 against the purchaser. Trial Court had passed an order of conviction, which was also affirmed by Sessions Judge. Purchaser filed revision petition before High Court against the order on the ground that he had deposited entire compensation amount assessed upon him by the Trial Court, which was fully satisfied and realized by the purchaser. Therefore, he was acquitted of the offence under section 138.Held: If Court being satisfied with that complainant had been duly compensated, then, the Court in its discretion closed proceedings of section 138 and discharged accused for an offence punishable under section 138. Purchaser had shown his bona fides by depositing the entire compensation amount. Further that, the entire compensation amount was fully satisfied and realized by the supplier. Hence, the purchaser was acquitted of the offence under section 138.

Negotiable Insruments Act, 1881 Section 138

REFERRED : P. Ramadas v. State of Kerala & Anr., (2018) 3 SCC 287 : 2018 TaxPub(CL) 0267 (SC) M/s. Meters and Instruments (P) Ltd. & Anr. v. Kanchan Mehta, Cr. Appeal No. 1732 of 2017 : 2017 TaxPub(CL) 0840 (SC)