Case Note & Summary
The appellant (complainant) filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent (accused) had issued a cheque which was dishonoured. The trial court acquitted the accused on the ground that the complainant did not examine himself. The appellant challenged this acquittal before the High Court. The High Court observed that the trial court had not considered the evidence of other witnesses and documents on record. It held that the acquittal solely on the ground of non-examination of the complainant was not justified. The High Court set aside the judgment of acquittal and remanded the matter to the trial court for fresh disposal, directing the trial court to give an opportunity to the complainant to lead evidence and then decide the case afresh.
Headnote
A) Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Acquittal for Non-Examination of Complainant - The trial court acquitted the accused solely because the complainant did not examine himself, ignoring the evidence of witnesses and documents on record. The High Court held that the trial court ought to have considered the entire evidence and not acquitted merely on the ground of non-examination of the complainant. The matter was remanded for fresh disposal after giving an opportunity to the complainant to lead evidence. (Paras 6-8)
Issue of Consideration
Whether the trial court was justified in acquitting the accused solely on the ground that the complainant did not examine himself, without considering the other evidence on record?
Final Decision
The appeal is allowed. The judgment and order dated 07.01.2017 passed by the Additional Chief Judicial Magistrate, Bengaluru Rural District, in C.C. No. 3882/2013 is set aside. The matter is remanded to the trial court for fresh disposal. The trial court is directed to give an opportunity to the complainant to lead evidence and then decide the case afresh in accordance with law. The parties are directed to appear before the trial court on 06.03.2023.
Law Points
- Section 138 of Negotiable Instruments Act
- 1881
- presumption under Section 139 of Negotiable Instruments Act
- acquittal for non-examination of complainant
- duty of trial court to consider evidence on record
