LAW FOR ALL

Cheque bounce - Stop payment - civil disputes - No offence in the absence of proof of hand loan - Hand loan - No calculations for arriving for total sum for which the cheque was issued - Non- enquiry about the sufficient funds in the account of accused - complainant is a worker - accused is a employee - suppression of actual deal - Trial court dismissed the case - High court reversed it - Apex court held that when the actual saving of complainant for annum is of Rs.10,000/- only and when is a worker under the complainant , it not believable that he gave hand loan about 4 years back to the employer by borrowing amount from Bank - in absence of rebuttal in cross examination of DW 2 mediator - clearly shows the cheque was stopped due to civil disputes = CRIMINAL APPEAL NO. 1522 OF 2014 ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 278 OF 2013 RAMDAS S/O KHELUNAIK … APPELLANT VERSUS KRISHNANAND S/O VISHNU NAIK … RESPONDENT = 2014 July. Part – http://judis.nic.in/supremecourt/filename=41784