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Ganga Prasad Ratnakar vs Fanindra Kumar Chandra on 11 July, 2023

Author: B.R. Gavai

Bench: B.R. Gavai

                                                     1

                                                                    NON­REPORTABLE

                                   IN THE SUPREME COURT OF INDIA
                                  CRIMINAL APPELLATE JURISDICTION

                                  CRIMINAL APPEAL NO. 1888 OF 2023
                               [Arising out of SLP(Crl.) No. 11654 of 2022)

     GANGA PRASAD RATNAKAR                                   …APPELLANT(S)

                                          VERSUS

     FANINDRA KUMAR CHANDRA                                …RESPONDENT(S)

                                                   WITH

                                   CRIMINAL APPEAL NO. 1889 OF 2023
                               [Arising out of SLP(Crl.) No. 11975 of 2022)


                                             JUDGMENT

B.R. GAVAI, J.

1. 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 Signature Not Verified Digitally signed by Deepak Singh Date: 2023.07.15 (C.G.) dated 2nd January 2019.

13:08:01 IST Reason:

3. The learned Judicial Magistrate had acquitted the present  2 appellant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

4. A complaint was filed by the respondents­complainants 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  3 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 2 nd January 2019 acquitting the appellant is confirmed.

11. The appeals are allowed in the above terms.

12. Pending applications, if any, stand disposed of.

….........................J. (B.R. GAVAI) ...........................J. (J.B. PARDIWALA) New Delhi July 11, 2023  4 ITEM NO.29 COURT NO.4 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 11654/2022 (Arising out of impugned final judgment and order dated 23-09-2022 in ACQA No. 333/2019 passed by the High Court Of Chhatisgarh At Bilaspur) GANGA PRASAD RATNAKAR Petitioner(s) VERSUS FANINDRA KUMAR CHANDRA Respondent(s) WITH SLP(Crl) No. 11975/2022 (II-C) IA No. 192120/2022 - EXEMPTION FROM FILING O.T.) Date : 11-07-2023 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. Gaurav Kumar, Adv. Mr. Ravi Ranjan, Adv.

Mr. Shafik Ahmed, Adv. Mr. Danish Saifi, Adv. Ms. Anju, Adv.

Mr. Deepak Kumar, Adv. Mr. Abhishak Raj, Adv. Mr. Ritesh Kumar, Adv. Ms. Vani Raj Tripathi, Adv. Mr. Maneesh Saxena, Adv. Mr. Nitish Kr. Singh, Adv. Mr. V. Elanchezhiyan, AOR Mr. Abhishek Raj, Adv. Mr. Gaurav Kumar, Adv. Mr. Niteen Kumar Sinha, AOR For Respondent(s)  5 Dr. Rajesh Pandey, Sr. Adv. Mr. Abhishek Pandey, Adv. Mr. Chaturanan Choubey, Adv. Mr. Mahesh Kumar Tiwari, Adv. Mr. Mahesh Pandey, Adv. Mr. Manoj Selvaraj S., Adv. Ms. Tanuja Manjari Patra, Adv. Ms. Aswathi M.k., AOR UPON hearing the counsel the Court made the following O R D E R

1. Leave granted.

2. The appeals are allowed in terms of the signed non-reportable judgment.

3. Pending applications, if any, stand disposed of.

(DEEPAK SINGH)                                     (ANJU KAPOOR)
COURT MASTER (SH)                                  COURT MASTER (NSH)

[Signed non-reportable judgment is placed on the file]