Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (9) TMI 105 - GUJARAT HIGH COURTLeave sought under Sub-Section (4) of Section 378 of the Code of Criminal Procedure, 1973 - respondent acquitted of the charge under Section 138 of the Negotiable Instruments Act - HELD THAT:- It does not stand to the reason that somebody would repay the amount of issuance of cheque after such a serious matrimonial dispute with the daughter of the complainant. Furthermore, as recorded by the trial Court, the Bank Official examined on behalf of the accused deposed to that the impugned cheque is non CTS Cheque and that cheque book issued reflects two names i.e. Manish Kanubhai Vora and Dhara Manish Vora. Dhara Manish Vora appears to be ex-wife of the present accused and the disputed cheque leaf from the cheque book appears to have been issued in the year 2012. Therefore, by leading evidence through the cross examination of the complainant, as also producing his own witnesses, the accused has been successful to rebut the presumption. By leading evidence, the accused is successful in showing that the consideration and debt did not exist or under the peculiar circumstance of the case, the non- existence of consideration and debt is so probable that a prudent man ought to suppose that no consideration and debt existed. Since the accused is successful in rebutting the presumption then it is for the complainant to prove that existence of the debt and he is capable of lending money to the tune of ₹ 3,05,000/-, as claimed by him. Considering the evidence brought on record, the complainant is working as Security Guard and earning ₹ 6,000/- per month. While cross examining the complainant, the complainant has tried to explain that he had borrowed the money from his brother and other relatives and then it was lent to the accused. However, it is nothing but an afterthought which is not reflected either in the complaint or in the notice or even in the examination in-chief of the complainant. Thus, it is clear that the judgment of acquittal recorded by the learned trial Judge after considering the evidence minutely, requires no interference under any circumstance. The application seeking special leave to appeal stands rejected.
|