Tranding

Farmer Acquitted in Cheque Bounce Case; Court Finds No Valid Debt

Akola, Awes Siddiqui

In a noteworthy decision, the 8th Additional Chief Judicial Magistrate’s Court in Akola acquitted Ananda Onkar Metkar, a farmer from Chikhalgaon, in a ?3,01,755 cheque bounce case under Section 138 of the Negotiable Instruments Act.

The complaint was filed by Sewa Sahkari Society Ltd., alleging that Metkar issued a cheque on December 22, 2021, to repay a loan. The cheque was returned unpaid due to “insufficient funds.” Despite legal notice, the accused neither responded nor paid the amount.

However, during the trial, the court found that the loan had already been repaid in 2020, as reflected in the society’s own account statement. There was no evidence proving any outstanding debt on the date of the cheque.

The court observed that for a cheque bounce to be punishable under Section 138, it must be against a legally enforceable debt—which was absent in this case.

Advocate Tousif Niyazi presented a strong and well-argued defense on behalf of the accused.Adv. Chetan Dubey and Adv. Sameer Khan extend help in this case they effectively highlighted inconsistencies in the complainant’s documents and played a crucial role in securing the acquittal.

The court cancelled the bail bond and released the accused, citing no offence was established.

Awes Siddiqui
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