Source of income of complainant has to be proved in 138 NI ACT CASES

Court           : Supreme Court of India
Judge           : V. GOPALA GOWDA and C. NAGAPPAN
Decided On : Nov-13-2014
Appellant     : K Subramani
Respondent  : K Damodara Naidu
Judgment      :
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2402 OF2014[ Arising out of SLP (Crl.) No.6197 of 2014]. K. Subramani … Appellant(s) versus K. Damodara Naidu … Respondent(s)

JUDGMENT

C. NAGAPPAN, J.
Leave granted. This appeal is preferred against judgment and order dated 10.10.2013 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.368 of 2009 wherein the High Court set aside the judgment of acquittal of the trial court and remanded the case to the trial court for retrial. 1 The respondent herein/complainant and the appellant/accused were working as lecturers in a Government College at Bangalore. The case of the complainant is that the accused borrowed a loan of Rs.14 lakhs in cash on 1.12.1997 from him to start granite business, promising to repay the same with 3% interest per month on demand and issued post-dated cheque dated 30.11.2000 for sum of Rs.29,12,000/- which included principal and interest and few days prior to presentation of the cheque on its due date to bank for encashment, the accused requested him not to present the cheque and took extension of time of another three years for repayment and finally issued a cheque dated 16.08.2005 for a sum of Rs.73,83,552/- which included principal and interest.
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CHEQUE BOUNCE CASE - STAGES AND PROSECUTION

IMPORTANT  POINTS AND IMPORTANT STAGES IN NUTSHELL :

Governing Law on Cheque Bounce Cases:

Governing Substantive Law:

• The Object of N.I Act is to create an atmosphere of faith and reliance in the banking system. 
• Negotiable Instrument Act,1881[Special Law–Central Act]- Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988. 


Sections 138 to 142, Chapter XVII, was inserted in the Negotiable Instruments Act, 1881 by an Amending Act, Act 66 of 1988. These sections came into force w.e.f. 29.3.1989[amended after Dr Rajamannar report] 
Negotiable Instruments[Amendment  and Miscellaneous Provisions Act, 2002] in short the Act. No 55 of  2002 , Lay down a kind of complete Code for trial of offences under the Negotiable Instruments Act, Whereby additional powers have been conferred upon the court to take cognizance even after expiry of the period of limitation by conferring on it a discretion to waive the period of one month. 
Section 143 gave to the court the power to try cases summarily; Section 144 provided for the mode of service of summons; 
Section 146 provided that the bank's slip would be prima facie evidence of certain facts. 
Section 147 made the offences under the Act compoundable. 
Punishment extended up to two years after the second amendment with effect from February 6, 2003:FINE upto twice the amount of cheque.

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