• NI ACT Section 138 Order of acquittal Dishonour of cheque Accused person has the liability to pay the amount equivalent to cheque Accused issued cheque in order to discharge his obligation to pay against particular number of goods being supplied Document on record indicating supply was not in terms of purchase order Accused able to prove that cheque amount being sum of Rs. 4,81,309/was not legally enforceable debt as when cheque was presented, payment was stopped under instruction of drawer Accused person cannot be said to have committed an offence It is incumbent upon the complainant to prove that there is a legally enforceable debt Acquittal order proper. [Paras 5, 7 and 8]
CHLORIDE POWER SYSTEMS & SOLUTIONS LTD vs STATE OF WEST BENGAL CRA 178/18 09/02/23 [ ROY JJ ]
[ CALCUTTA HIGH COURT ]