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Apex Court convicts accused for dishonoring of cheques issued for commodities purchased on credit

August 22, 2019[2019] 108 336 (SC)

FEMA, Banking & Insurance : Where appellant-complainant had been supplying commodities and rice bags to respondent-accused and respondent-accused issued various cheques which when presented for collection were dishonoured, it was held that even though complaint filed under section 138 against accused contained no specific averments that cheques were issued for purchase made on credit, in his evidence, prime witness clearly stated that cheques were issued for commodities purchased on credit and, therefore, respondent-accused was convicted under section 138 as oral and documentary evidence adduced by complainant were sufficient to prove that it was a legally enforceable debt and that cheques were issued to discharge legally enforceable debt

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