Court, New
Delhi. Criminal Case No.17508 of 2017 under Section 138 of
Negotiable Instruments Act, 1881 in the court of ld.
Metropolitan Magistrate ... alongwith his wife. Criminal Case No.3686
of 2017 under Section 138 of Negotiable Instruments Act,
1881 in the court of learned Metropolitan Magistrate
accused on 13.02.2019 under Section 200 of Cr.P.C.
for the offence punishable under Section 138 of Negotiable
Instruments Act, for dishonour of cheque ... Acting under Section 255(1) of Cr.P.C.
the accused is acquitted for the offence
punishable under Section 138 of Negotiable
Instruments
accused on 18.02.2016 under Section 200 of Cr.P.C.
for the offence punishable under Section 138 of Negotiable
Instruments Act for dishonour of cheque ... against the accused under Section 200 of Cr.P.C. for the
offence punishable under Section 138 of Negotiable
Instruments Act for dishonour of cheque
accused on 01.08.2016 under Section 200 of Cr.P.C.
for the offence punishable under Section 138 of Negotiable
Instruments Act, for dishonour of cheque ... against the accused under Section 200 of
Cr.P.C. for the offence punishable under Section 138 of
Negotiable Instruments Act for dishonour of cheque
accused on 31.07.2017 under Section 200 of Cr.P.C.
for the offence punishable under Section 138 of Negotiable
Instruments Act, for dishonour of cheque ... Therefore, specify the provision of Section 141 of Negotiable
Instruments Act, does not arise. If the provisions under Section
138 of Negotiable Instruments Act, strictly
accused on 24.05.2013 under Section 200 of Cr.P.C. for the
offence punishable under Section 138 of Negotiable Instruments Act,
for dishonour of cheque ... provisions of Section 138 of
Negotiable Instruments Act. Hence, the initial presumption under
Section 139 of Negotiable Instruments Act arises in favour of
complainant that
also, Section
4 thereof, whereby, Section 142-A was inserted
into the Negotiable Instruments Act .
12. Sections 3 and 4 of the Negotiable Instruments
(Amendment ... made to Section 4
of the Negotiable Instruments (Amendment)
Second Ordinance, 2015, whereby Section 142-A
was inserted into the Negotiable Instruments Act .
A perusal
section 139 of Negotiable Instruments Act as
section 139 says that holder of cheque has received the
cheque of nature referred to in section 138 ... lies
upon him.
28. Even according to section 118(a) of
Negotiable Instruments Act, every negotiable instrument
is presumed to be drawn for consideration when
been acquitted under Section 255(1) of the Code for the
offence under Section 138 of the Negotiable Instruments Act(for short ... 138 of the Negotiable Instruments Act is to
infuse credibility to negotiable instruments including cheques and to
encourage and promote the use of negotiable instruments
complaint
lodged by the respondent for the offence under Section 138 of
Negotiable Instruments Act. Even according to the petitioner, the
alleged cheque was returned ... proceeded with the impugned
complaint for the offence under Section 138 of Negotiable Instruments
Act. It is further averred that the impugned cheque
