Bhopal (Madhya Pradesh): The District and Sessions Court, Bhopal, has acquitted an accused in an appeal in a cheque bounce case under Section 138 of the Negotiable Instruments Act.
As per the order, the trial court had, on June 19, 2025, convicted a man and awarded two years' imprisonment along with payment of Rs 38.5 lakh.
The accused, a resident of Bawadiyakalan, Bhopal, had issued two cheques of Rs 10 lakh each in 2015 to a builder in Koh-e-Fiza for the booking of three plots in Phanda block, Huzur. The sale deed was registered for Rs 18.45 lakh.
In similar case, the Kerala High Court has held that since the amount mentioned in the cheque was higher than the amount due on the date it was presented for encashment, the drawer of the cheque cannot be convicted under Section 138 of the Act.
The Delhi High Court has observed that when part payment is made after the cheque is drawn, the payee has the option of either obtaining a fresh cheque for the reduced amount or making an endorsement on the cheque acknowledging the part payment.
A demand notice requiring the drawer to pay the entire cheque amount despite receiving part payment cannot be treated as valid.
Advocate Rajesh Nema who appeared for the appellant said, "The ADJ court observed that the liability of the accused was not proved beyond doubt and that there were sufficient reasons for acquittal. The accused has been acquitted."
