Dishonour of cheque _ Points for determination ought to have involved at least five ingredients which were laid down by the Apex Court in the case of Kusum Ingots case _ Trial Court is expected to address itself on all the said ingredients before it can dismiss the complaint or acquit the accused or if it holds the accused guilty u/s 138 _ All these points were not framed while framing questions for determination nor there was a detailed discussion in respect of those ingredients _ Even the rulings were simply listed by the trial Court without going into the ratio decidendi of the same _ Impugned judgment and order of acquittal is set aside and matter remanded back.
Adarsh Gramin Sahakari Pat Sanstha Maryadit Vs. Dattu Ramdasji Paithankar 2010 (2) LJSOFT (URC) 20
Monday, March 1, 2010
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