Cheques issued for discharge of sale consideration were dishonoured - Account books or stock register not produced by complainant to prove sale - Held, cheques were not issued for discharge of liability - Accused entitled to acquittal.

Citation

AIR 2009 SUPREME COURT 1518

2009 (2) SCC 513

2009(1) CTC 552

SUPREME COURT

(From : Punjab and Haryana)

R. V. RAVEENDRAN , J. and J. M. PANCHAL , J.

Criminal Appeal No. 2045 of 2008 (arising out of SLP (Cri.) No. 955 of 2007), D/- 16 - 12 - 2008

M/s. Kumar Exports v. M/s. Sharma Carpets

(B)Negotiable Instruments Act (26 of 1881), S.138 - Dishonour of cheque - Complainant's case

that accused purchased carpets from him - Cheques issued for discharge of sale consideration

were dishonoured - Defence case that there was no sale and, therefore, no liability existed -

Absence of sale proved by examining official of Sales Tax Deptt. to show that no sale was shown

in return - Bill produced by complainant neither bearing his signature or signature of accused

- Account books or stock register not produced by complainant to prove sale - Held, cheques

were not issued for discharge of liability - Accused entitled to acquittal.

Cri. M.C. No. 5155-56 of 2007 in Cri. Appeal No. 946-SBA of 2004, D/-01-02-2007 and Cri.

Appeal No. 946-SBA of 2004, D/-23-11-2006 (P and H), Reversed.

 (Para 12)