Bhupendra vs Prithviraj

The four complaints filed by the respondent alleging commission of offence u/s 138 of the Negotiable Instruments Act, 1881 was quashed by the learned Sessions Judge in revision on the ground that the accused after issuance of the cheque had issued instructions for 'stop payment' and, therefore, offence u/s 138 is not committed. The complainant moved against the said order of the learned Sessions Judge u/s 138 to the High Court and the High Court allowed the complainant's revision. Against the aforesaid order of the High Court, the accused has moved this Court in the present appeals.

The question that arises for consideration is whether after issuance of cheque if the accused issues instructions of stop payment, whether an offence u/s 138 can be said to have been committed or not. This question no longer remains res integra in view of the judgment of this Court in the case of M/S Modi Cements Limited Vs. Shri Kuchil Kumar Nandi, .

In view of the aforesaid pronouncement of this Court, the appeals have no merit and are, accordingly, dismissed. The Magistrate is directed to dispose of the complaint cases as expeditiously as possible.