Lokmat News Network
Chhatrapati Sambhajinagar
The First Class Judicial Magistrate A.V. Musale recently acquitted Lalit Thole in a cheque bounce case under Section 138 of the Negotiable Instruments Act, stating that there was no evidence to prove a legally enforceable debt.
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Case background
Complainant Santosh Dev, a contractor, alleged that Thole, a supplier of electrical equipment, failed to honour a cheque issued as repayment. The dispute arose when Dev and Thole collaborated on various projects, with Dev handling supplier payments on Thole’s behalf. Dev claimed to have settled Rs 9.49 lakh through RTGS and cheques, expecting reimbursement from Thole. However, the cheque issued by Thole bounced.
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Defence argument
Advocate Umesh Dark, representing Thole, argued that Dev failed to provide any documentary proof of lending money to Thole. He stated that no legal liability had been established against Thole.
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Court’s observations
The court noted that while Dev claimed to have paid Rs 9.49 lakh on Thole’s behalf, he failed to submit any supporting records. Without documentary evidence proving the transaction, the court ruled that Thole had no legal obligation to repay the disputed amount and subsequently acquitted him.