Monday, March 1, 2010

Dishonour of cheque

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

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