Accused acted as Agent for complainant's husband in respect of property transaction - Accused sold property and received entire sale consideration and issued cheques in favour of wife of complainant -Said cheques got dishonoured - Conviction proper.

Citation

AIROnline 2022 MAD 3417

Madras High Court

DR . G. JAYACHANDRAN , J.

Crl.R.C. - 1024 of 2017 D/- 27 - 7 - 2022

D. Sathyamoorthy v. K. Parvathy

(A)Negotiable Instruments Act (26 of 1881), S.138 - Dishonour of cheque - Accused acted as

Agent for complainant's husband in respect of property transaction - Accused sold property and

received entire sale consideration and issued cheques in favour of wife of complainant who was

principal and owner of property -Said cheques got dishonoured- Accused admitted issuance of

cheques and signatures found on cheques - Accused cannot refuse to pay money received from

purchasers on behalf of his principal - Conviction, proper.

 (Paras 11 , 12) 

(B)Criminal P.C. (2 of 1974), S.401 - Negotiable Instruments Act (26 of 1881), S.138 - Dishonour

of cheque - Accused acted as power of attorney of husband of complainant in respect of property

transaction - Three cheques were issued in respect of property sold by accused - Accused found

guilty of offence under S.138 - However, considering facts and circumstances of case, sentence

of 2 years SI modified to amount of fine equal to amounts in issued by accused to complainant.

 (Paras 15