A post dated cheque was given.
Cheque was dishonoured on due date as there were no sufficient balance in bank account of person who had given cheque.
The holder of cheque filed 3 cases.
1) One case of cheating under Sec.420 of IPC.
2) Second case for dishonour of cheque under Sec.138 of Negotiable Instrument Act.
3) Third case, summary civil suit for recovery of amount.
Result.
1) Civil Case was dismissed on the ground that consideration for cheque was not proved. Holder of cheque had failed to prove for what purpose cheque was given.
2) He however succeeded in two other criminal cases. In both cases, they were tried as separate cases, and the person who had given cheque was convicted in both these cases.
Legal Point.
1) There in an error. In trial Court, both the criminal cases should have been tried together. Two trials were unnecessary.
2) The Different Judgements appear because STANDARD OF PROOF and PRESUMPTIONS are different in Civil Law and in Criminal Law.
Parties have now appealed in Supreme Court.
Haresh Raichur
15/12/14
Copyright : Haresh Raichura 2014. All Rights reserved. C2/32
