Acquittal cases in Ni Act

 Material alteration in cheque appeared from naked eyes resulted in acquittal 2011-Kant LJ -6-476 case title MB Rajasekhar v Savithramma 

Cheque duly signed and voluntarily made over to payee was in discharge of debt or liability arises and it is immaterial that cheque was post dated or blank cheque for filling by payer or any other person unless there is an evidence of undue influence or coercion , case reported in (2021 )  5 SCC 283 title Kalamani Tex and another v/sP Balasubramanian May be referred to

Cheque issued for an existing debt   The drawer cannot issue instruction to bank for stop payment not his liability be absolved by giving a notice to the payee not to present the cheque  case reffrrrd to AIR 1998 sc 1056  Modi cements limited v a Kuchil kumar Nandi 

Complainant has to show to the court that he had capacity to lend huge  amount to the accused (  2019) 15 SCC 550

Returning of cheque unpaid due to closer of account amounts to offence , if the cheque given long back sec 138 not attracted when cheque was post dated (2008 ) 1 SCC 689 title Subodhji S Salaskar v/s  Jaiprakash M shah 

When account was closed not on the intimation given by the accused to Bank but  closed as per rules of the bank , acquittal case reported 2008 (1) crimes 167!Kar Nagaraja Upadhyay’s v/s Sanjeevan 

Where the cheque is returned by the bank for want of full signature, no offence Vinod Tannu v Zaheer Siddiqui( 2002 ) 7 SCC 541

If the cheque to be signed by two persons but signed by one no offence made out Masistrate can not take cognisance , 

Sec 139 NI Act the burden is on the accused to rebut the presumption , to say the complainant Had no source of income to lend huge amount 2015) 1 SCC 99

In  case of signed blank cheque if the drawee dishonestly fills up any excess amount drawer has no obligation to

List of cases where Court acquitted as per facts of case 

1) kumar Exports v Sharma carpets (2009)

2)Basalingappa v/s Mudibasappa (2019)

(3)  Girish kumar suneja v/s CBI  (2017)

(4) Dasrath Rupsingh Rathod v/s state of Maharashtra 

(5)Krishna Janardan Bhat v/sDattatraya G. Hegde (2008)

(6) M/s Gimpex Private Limited v/sManoj Goel  2024 SCC on line Supreme Court 123 Feb 2024 

Grounds of Defense /Acquittal 

1)No legally recoverable debt 

(2)Notice not properly served

(3)Delay in filing complaint 

(4) Material alteration in cheque 

(5)  full payment made before complaint 

(6) Part payment made but it accordance to sec 56 of NIAct no endorsement of payment upon cheque 

7) cheque was given for security and part payment was made thereafter , to give notice of whole amount was not legally enforceable debt 

The burden lies upon the accused to ask question in cross examination to complainant with the  copy of his bank account in evidence so as to get his admission and courts knowledge ( for similar facts of case  citation up held by supreme court in Criminal appal/2022 title Dashrath bhai Trikambhan Patel v/s Hitesh Mahendra bhai Patel decided on dt 11/10/2022