Law: Penal Code (XLV of 1860)

Section: 489-F

(a) Penal Code (XLV of 1860)--- ----S. 489-F---Dishonestly issuing a cheque---Reappraisal of evidence---Benefit of doubt---Issuance of cheque without valuable consideration---Cheque, not commensurating with the liability---Scope---Complainant alleged that the accused offered to sell a plot and a house belonging to one person---Sale consideration of the properties was fixed at Rs.90,00,000/- and an agreement was executed in the presence of witnesses whereby an amount of Rs.40,00,000/- was paid in cash---Properties, however, could not be transferred and the complainant insisted for return of amount, whereupon the accused issued post dated cheque amounting to Rs.90,00,000/---Cheque was dishonoured on its presentation---Complainant did not produce the agreement to sell the properties, which was the basic document to establish the relationship between the complainant and the accused---Complainant relied upon a subsequent agreement for settlement of claim in the shape of cheques, which was executed at pre-arrest bail stage---Complainant, during the course of cross-examination, admitted the agreement to sell executed between him and accused whereby possession of the house/plot was delivered to him against consideration of Rs.40,00,000/---Complainant admitted execution of affidavit regarding receiving back an amount of Rs.45,50,000/---Contents of affidavit disclosed the relationship among the parties for possession and settlement of the civil suit qua the property in dispute---Available documents clearly spelt out that the payment was meant for possession of the house only and not for transfer of the property as the accused was not the owner of the property, therefore, the cheque in question of Rs.90,00,000/- was without valuable consideration---Dishonest issuance of cheque to the extent of Rs.90,00,000/- did not commensurate with due liability of Rs.45,50,000/---Ingredients of S.489-F, P.P.C. for dishonestly issuing a cheque were not proved as total liability of accused was of Rs.45,50,000/---High Court while granting benefit of doubt to the accused set aside the s passed by the Trial Court and appellate court. (b) Penal Code (XLV of 1860)--- ----S.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492