KRISHNA PAL Vs. HARI SINGH

JUDGEMENT

(1.) Heard on I.A.No.16521/2023, an application under Sec. 378(4) of Cr.P.C for grant of leave to appeal against the order of acquittal. This appeal has been filed under Sec. 378 of the Code of Criminal Procedure, for seeking leave to appeal against the judgment of acquittal dtd. 26/9/2023 passed by the learned Judicial Magistrate First Class, Dewas District-Dewas in Criminal Complaint No.SCNIA/473/2017, whereby the accused has been acquitted from the offence under Ss. 138 of N.I. Act, 1881.

(2.) Learned counsel for the applicant submitted that learned trial Court has passed the judgment of acquittal only on the fact that the the cheque return memo filed was without any bank seal and signature of the concerned authority and on that basis dismissed the complaint, whereas on that aspect learned High Court of Delhi has opined that if the cheque return memo is not bearing any official stamp of the bank, it does not render the cheque return memo as invalid or illegal. The cheque return memo is not a document which is required to be covered under Sec. 4 of the Bankers Book (Evidence) Act, 1891. In this regard learned counsel for the applicant also relied upon judgment of the High Court of Delhi rendered in the case of Guneet Basin vs. State of NCT of Delhi & Ors. reported as 2022/DHC/005048 and on that basis submitted that only the basis of infirmity in cheque return memo the entire trial under Sec. 138 of N.I. Act cannot be vitiated. Hence the order of trial Court is against the law and looking to the perversity of the judgment leave be granted.

(3.) In reply, learned counsel for the respondent basing his arguments on judgment passed by High Court of M.P in the case of Satyendra Tiwari vs. State of M.P. reported as 2014(3) MPLJ 574 contended that co-ordinate Bench of M.P. High Court has already decided the point and stated that endorsement memo without signature and seal has no evidentiary value and it can be treated only a mere piece of paper. Hence prayed for rejection of this application.