Q: Write about the citation of Chhabra Fabrics Private Limited v/s Bhagwan Dass, Proprietor of Dhingra Handicrafts ?
Ans:
Chhabra Fabrics Private Limited v/s Bhagwan Dass, Proprietor of Dhingra Handicrafts
Crl. Appeal No. 1772 of 2002
Decided On, 05 August 2014
At, High Court of Punjab and Haryana
From the evidence brought on record, it is entirely clear that the blank cheque was handed over to the complainant as a security cheque as well as was not meant for enforcement of a debt. The objective of Section 138 of the Act is to avoid malignant trade practice of indiscriminately issuing cheques without sufficient funds. The facts as well as circumstances of the present case of this nature cannot be construed and brought within the gamut attracting the provisions of Section 138 of the Act.
In view of the foregoing discussion, while dismissing the present appeal, the Punjab and Haryana High Court upheld the findings recorded by the Additional Chief Judicial Magistrate, Panipat vide his judgment dated 01/08/2001 in acquitting the accused.
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