क्या सुरक्षा के रूप में जारी चेक का अनादर होना धारा 138 NI एक्ट में अपराध है?

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हाल ही में, दिल्ली की एक अदालत ने फैसला सुनाया कि केवल इसलिए कि चेक सुरक्षा के रूप में जारी किए गए थे, यह आरोपी को नेगोशिएबल इंस्ट्रूमेंट्स एक्ट की धारा 138 के चंगुल से नहीं बचाएगा, अगर यह स्वीकार किया जाता है कि चेक के खिलाफ ऋण लिया गया था।

दिल्ली में रोहिणी कोर्ट की मेट्रोपॉलिटन मैजिस्ट्रेट रितिका कंसल ने दोहराया कि आरोपी को अपना बचाव साबित करना होगा लेकिन अदालत बचाव पर तभी विचार करेगी जब उसे लगता है कि बचाव उचित और संभावित है।

कोर्ट के समक्ष, शिकायतकर्ता ने आरोप लगाया कि आरोपी को 80000 रुपये का ऋण दिया गया था क्योंकि उसे अपना ब्यूटी पार्लर चलाने के लिए पैसे की जरूरत थी और यह सहमति हुई कि ऋण छह महीने में वापस कर दिया जाएगा।

बाद में, आरोपी ने शिकायतकर्ता को प्रत्येक 40000 रुपये के दो चेक सौंपे, जो धन की कमी के कारण अनादरित हो गए। 

शिकायतकर्ता ने आरोपी को डिमांड नोटिस जारी किया और उसके बाद तत्काल शिकायत दर्ज कराई।

कोर्ट के समक्ष, आरोपी ने तर्क दिया कि उसने शिकायतकर्ता को नियमित रूप से भुगतान किया और दो दस्तावेज पेश किए जिसमें उसने दावा किया कि शिकायतकर्ता ने हस्ताक्षर किए हैं, और जारी किए गए चेक केवल सुरक्षा हेतु थे और प्रस्तुत करने के लिए नहीं थे।

कोर्ट ने सुरेश चंद्र गोयल बनाम अमित सिंघल का हवाला दिया और कहा कि सिर्फ इसलिए कि विचाराधीन चेक सुरक्षा हेतु हैं, यह आरोपी को नहीं बचाएगा यदि उसने पहले ही उक्त सुरक्षा चेक के खिलाफ ऋण लेना स्वीकार कर लिया है।

कोर्ट ने आंशिक भुगतान करने के बारे में आरोपी की दलील को भी खारिज कर दिया, यह देखते हुए कि कोई भी समझदार व्यक्ति लगभग पूरा भुगतान करने के बाद भी चेक को ऋणदाता के पास नहीं रहने देगा। 

अदालत ने आगे कहा कि आरोपी ने इस दावे का समर्थन करने के लिए कोई सबूत नहीं दिया है कि उसने ऋण के लिए आंशिक भुगतान किया था।
तदनुसार, अदालत ने आरोपी को एनआई अधिनियम की धारा 138 के तहत अपराध के लिए दोषी ठहराया।

शीर्षक: मनमोहन बंसल बनाम सरोज शर्मा
केस नंबर: सीसी (एनआई एक्ट) नंबर: 2021 का 119

Dr Ajay Kummar Pandey
Advocate Supreme Court of India
www.4csupremelawint.com

329


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Are you ready to die peacefully

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DO YOU HAVE WILL TO WALK ?

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सवाल: मकान मालिक या किरायेदार... किसे फायदा पहुंचाएगा केंद्र का नया कानून, जानिए प्रमुख बातें

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Do you want to earn huge money?

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WhatsApp पर तीन रेड टिक? नहीं, सरकार आपके मैसेज, कॉल रिकॉर्ड नहीं कर रही है

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Are you next victim of Spy Groom war?

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काम की बात: क्या नॉमिनी ही होता है उत्तराधिकारी? जानिए क्या कहता है नियम और क्या हैं इनके अधिकार

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My father passed away without a will. Who has legal rights to his property?

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Get paid without insurance for Covid death

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News You Can Use.

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कोरोना में पैरेंट्स को राहत:सुप्रीम कोर्ट ने कहा- स्कूल चलाने का खर्च कम हुआ, इसलिए ऑनलाइन क्लासेस की फीस घटानी चाहिए

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Big Day: Big News

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रेमडेसिविर की कालाबाजारी में प्रख्यात न्यूरो सर्जन सहित 3 गिरफ्तार, इंजेक्शन की बड़ी खेप और 36 लाख रुपये बरामद

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Are you ready?

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Can winking and Blowing kisses land you in Jail ?

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Setback for Britannia Industries as Delhi HC junks trademark infringement plea against ITC Limited

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नोएडा, गाजियाबाद से दिल्ली में लग रहे जाम पर सुप्रीम कोर्ट हुआ सख्त, जारी किया नोटिस

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UNHOLY HOLI, Will Holi land you in Jail ?

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क्रिप्टोकरेंसी को सरकार ने किया स्वीकार! कंपनियों को देना होगा हर लेन-देन का हिसाब

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Reservation more than 50 per cent is need of hour: Maharashtra

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आईटीआर में खामी रह जाने पर इनकम टैक्स 7 तरह के नोटिस जारी करता है, जानिए इनका मतलब

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Person Who Has Not Drawn The Cheque Cannot Be Prosecuted U/s 138 NI Act Even In Case Of Joint Liability: Supreme Court

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Didda Copyright Row: दिद्दा कॉपीराइट विवाद पर मुश्किल में कंगना, कोर्ट के आदेश पर एक और FIR दर्ज

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फैसला: सुप्रीम कोर्ट ने किराएदार पर लगाया एक लाख का जुर्माना, अद्भुत मामला दिया करार

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चेतावनी! 15000 रुपए का कटेगा चालान और 2 साल की होगी जेल, अगर गाड़ी में किया यह काम

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Oyo lost arbitral battle

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पत्नी कोई गुलाम या संपत्ति नहीं, पति के साथ रहने के लिए मजबूर नहीं किया जा सकता- सुप्रीम कोर्ट

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किसी को शादी के लिए झूठा वादा नहीं करना चाहिए, चाहे पुरुष हो या महिला: सुप्रीम कोर्ट

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How to jump the corporate ladder by selling Gossip at 15 Crore ?

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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पिता की संपत्ति में मिलता है बराबरी का हिस्‍सा, हर बहू-बेटी को पता होने चाहिए अपने ये अधिकार

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उत्तराधिकार पर सुप्रीम कोर्ट का बड़ा फैसला, महिला का मायका पक्ष भी परिवार का हिस्सा

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Act beyond Act: CSR

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स्किन से स्किन टच के बिना सेक्सुअल असॉल्ट का मामला नहीं... हाई कोर्ट के इस फैसले के खिलाफ महिला आयोग सुप्रीम कोर्ट पहुंची

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Decriminalisation of the Limited Liability Partnership Act

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Budget 2021: Key changes in GST to help small and medium- sized businesses

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1 to 5 crore loan without colletral made easy: Budget 2021

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Is GST is becoming a headache for you.

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Moment of rare pride

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बिहार पुलिस के सर्कुल ने बिहार प्रेस बिल की याद दिला दी है

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Italy court orders Facebook to pay $5 million in damages for copying app

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Foreigner To Deposit Cash Amount For Bail

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How legal is COVID-19 vaccine ?

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WhatsApp's private chat leaked on Google, anyone can read your personal talks

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Do you know 18 must Laws for every Indian?

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Why should I trust you or your business?

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Do you need clearance from your RWA to employ your maid?

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क्या तलाकशुदा पत्नी घरेलू हिंसा अधिनियम के तहत निवास के अधिकार का दावा कर सकती है?

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SC grants Woman's Right to Residence Under the Domestic Violence Act

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Corporate War: Cookie King who fought with TATA and Ambani

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HINDU MARRIAGE ACT : DIVORCE GRANTED TO HUSBAND ON THE GROUND OF MENTAL CRUELTY CAUSED BY WIFE

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Facebook love or chat can land you in Jail

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Financer can take way Car in case of payment default

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18000 Crore Company, 8000 Crore personal worth, wife & sons living in street

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Do you love your wife and children?

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When the second marriage of a married woman / man becomes an offense under section 494

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Is Rhea Chakraborty guilty?

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Daughters have equal right in ancestral property

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Is second wife entitled for share in Property?

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How to save your hard-earned wealth from legal hassles?

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What will happen to property of Hindu after his death?

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Are you safe at home?

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Can sex with your own wife land you in jail ?

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Can you land in jail for sharing Obscene Message online in private?

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Legally speaking who discovered America?

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47 years old legal dispute finally decided

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Are you a victim of Covid-19 Goonda Raj? Part-2

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Are you a victim of Covid-19 Goonda Raj ?

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Can RWA stop your maid from coming to your home?

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Can you escape Contractual Obligation under Covid-19?

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Coronavirus: Is vaccine found for India Inc?

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Is Wife Entitled to Maintenance Even If She Runs A Business & Earns Income?

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Who will pay rent for lockdown period?

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Legal consequences of being whatsapp group admin

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