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1 - 10 of 19 (0.26 seconds)Arun Kumar Kurre vs Bhawani Shankar Tiwari 11 ... on 11 December, 2019
(Abhinav Pandey)
Metropolitan Magistrate-04 (Shahdara)
KKD/Delhi
The judgment contains 18 pages, all
pages signed by the presiding officer
(Abhinav Pandey)
Metropolitan Magistrate-04 (Shahdara)
KKD/Delhi
CIS No. 4389/18, Arun Kumar Mittal Vs. Devki Gupta
Page 18 to 18
Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
K. Bhaskaran vs Sankaran Vaidhyan Balan And Anr on 29 September, 1999
9 As held in the case of K. Bhaskaran Vs. Sankaran
Vaidhyan Balan [(1999) 7 SCC 510], the offence under Section
138 of NI Act is completed by a concatenation of all the essential
ingredients of the offence, and since in the present case, there is
found to be an absence of a legally enforceable debt or other
liability, meaning thereby that one of the essential ingredients of
CIS No. 4389/18, Arun Kumar Mittal Vs. Devki Gupta
Page 17 to 18
the offence under Section 138 is not made out, therefore, there is
no requirement to dwell upon the existence of other ingredients,
i.e., the reason for return of the cheque as unpaid, and the
delivery of the mandatory legal notice.
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 114 in The Indian Evidence Act, 1872 [Entire Act]
Section 251 in The Code of Criminal Procedure, 1973 [Entire Act]
Dcm Financial Services Ltd vs J.N.Sareen & Anr on 13 May, 2008
[Kishan Rao
Vs. Shankaguda, 2018 (8) SCC 165, Mosaraf Hossain Khan
Vs. Bhageeratha Engg. Ltd. & Ors (2006) 3 SCC 658, Goa
Plast (P) Ltd. Vs. Chico Ursula D Souza (2004) 2 SCC 235,
Monaben Ketanbhai Shah Vs. State of Gujarat (2004) 7 SCC
15, Prem Chand Vijay Kumar Vs. Yashpal Singh (2005) 4 SCC
417, DCM Financial Services Vs. J N Sareen (AIR 2008 SC
2255), K. Bhaskaran Vs. Shankaran Vaidhyan Balan (1999) 7
SCC 510 relied upon].
Suresh Chandra Goyal vs Amit Singhal on 14 May, 2015
Also, in Suresh Chand Goyal vs. Amit Singhal (Crl.A.
601/2015decided on 14.05.2015) the concept of security cheques
were discussed. It was held as follows in the aforesaid case: