The Tripura High Court acquitted the accused in a cheque dishonor case, noting that the complainant failed to establish a valid statutory notice under Section 138 of the Negotiable Instruments Act. The judgment emphasized the necessity of proving source of funds for the claims made.
Tripura HC Acquits Accused in Cheque Dishonour Case
The High Court of Tripura recently acquitted an individual accused in a cheque dishonour case. The court concluded that the complainant had failed to provide a valid statutory notice as required under Section 138 of the Negotiable Instruments Act, which is essential to initiate proceedings in such cases.
The court highlighted that the complainant not only failed to establish a proper notice but also did not substantiate the source of funds behind the cheque issued. This lack of evidence led to the finding that the complaint was inadequately supported.
“The complainant must prove the statutory notice and the source of funds,”the court noted, underscoring the burden placed upon the complainant to demonstrate compliance with legal requirements.
The court's ruling reinforces the importance of adhering to statutory provisions governing cheque dishonor cases. Legal practitioners must ensure proper documentation and evidence when filing complaints under Section 138.
Citations
- Laxminarayan Gupta v. State of Tripura (2026) 1 TR 356
