Technical point of section 138
Sir, a person has issued me three cheques worth 2+2.8+2.8 = 7.6 lakhs, and they were dishonored due to 'payment stopped by him'. he has admitted in his reply notice to having issued cheques to me for my outstanding dues, however he falsely mentioned the liability to be 4.5 lakhs. If his story is taken as true, then
1. since the liability is 4.5 lakhs and the total value of three cheques is 7.6 lakhs, will he get acquittal taking all three cheques together into consideration OR
2. since no individual cheque is more than the liability, will he get conviction as dishonoring of each cheque attracts the section, each cheque being a separate cause of action.
please cite relevant clauses of relevant sections.
what exactly section 138 says in this scenario?
Asked 1 year ago in Criminal Law from Hyderabad, Telangana
thanks learned lawyers for the answers. Half of them said he will be acquitted since his liability is less than the combined cheque amount, however the others said since he has admitted liability, whether full or part, and issuance of all three cheques by him for the dues, he will be convicted.
1. Am wondering how can there be two opposite decisions when the situation/facts of the case and the law concerning it is same.
2. my original query is still unanswered- there are three cheques which are dishonored- we have filed one complaint according to crpc 219; question is - is not each cheque a different cause of action? so there will arise three causes of action in this case- right or wrong?
Asked 1 year ago