SC: Section 138 N.I Act production of account book not relevant in cheque bounce cases

The supreme court bench comprising of justices R. Banumathi and AS Bopanna in the case of D.K CHANDEL VS. M/S WOCKHARDT LTD observed that producing account books/cash books may not be imperative in criminal cases under section 138 of the Negotiable Instrument Act.

The complaint comprised that the cheque issued by the accused of purchasing pesticides on credit from the company was returned due to insufficient funds when presented for collection, reversing the trial court’s judgment which convicted the accused as complainant failed to produce cash and account books to prove the veracity of the claim.

The High Court concurred with the trial court but did admit that the reason given by the appellate court could be valid had it been a civil suit however the order given was a criminal case under section 138 of the N.I ACT, upholding this view the supreme court bench reversed the judgment of the lower courts thereby consolidating that Production Of Account Book is Not Relevant In Cheque Bounce Cases