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2023 DIGILAW 870 (SC)

Ganga Prasad Ratnakar v. Fanindra Kumar Chandra

2023-07-11

B.R.GAVAI, J.B.PARDIWALA

body2023
JUDGMENT : B.R.Gavai, J. Leave granted. 2. These appeals take exception to the judgment and order dated 23rd September 2022 passed by the High Court of Chhattisgarh at Bilaspur in acquittal appeals being ACQA Nos.333 and 304 of 2019, whereby the High Court has reversed the order passed by the learned Judicial Magistrate, First Class, Jaijaipur, District Janjgir Champa (C.G.) dated 2nd January 2019. 3. The learned Judicial Magistrate had acquitted the present appellant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 4. A complaint was filed by the respondents-complainants alleging that a cheque of Rs.4,88,000/- (Rupees Four Lakhs Eighty Eight Thousand Only) and Rs.5,00,000/- (Rupees Five Lakhs Only) were issued in their favour by the appellant. On presentation, the said cheques were returned with a remark ‘insufficient funds'. 5. According to the respondents, in spite of notice being issued through registered post, the accused did not make the payment of the cheque amount. As such, the complaint came to be filed. 6. The case of the complainants was totally denied by the appellant. Learned Judicial Magistrate after considering the material on record acquitted the appellant. 7. In appeal, the High Court reversed the acquittal, convicting the appellant and remanding the matter for sentence. Being aggrieved thereby, the present appeals. 8. Indisputably the cheque in question is neither signed by the present appellant nor drawn on a bank account maintained by him. The cheque in question is signed by one Sukhiram Ganga who happens to be the father of the appellant. When a cheque is neither issued by the appellant nor drawn on a bank wherein he has an account, there could not have been a question of liability on the appellant. 9. It would have been a different matter had the respondents-complainants lodged a complaint against the person who had issued the cheque. 10. On the short ground, the appeals deserve to be allowed. The impugned judgment and order dated 23rd September 2022 is quashed and set aside. The order of the Trial Court dated 2nd January 2019 acquitting the appellant is confirmed. 11. The appeals are allowed in the above terms. 12. Pending applications, if any, stand disposed of.