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2017 (12) TMI 1761 - HC - Indian LawsDishonor of cheque - acquittal of accused - ignorance of presumption that arose for dishonor of cheque - HELD THAT:- It is not in dispute that the cheque in the sum of ₹ 4,17,148/- was issued by respondent No.1-accused as was duly proved by the complainant and the said cheque was dishonored. It is also not in dispute that the appellant had issued a legal notice under Section 138 of the NI Act, on 09.06.1999 but that was not even replied to by respondent No.1-accused and the accused had failed to make payment also - The complainant entered the witness-box and proved all the above facts and not only that he also proved that there was liability against respondent No.1 in the matter of purchase of goods from the appellant-company. The complainant had proved its case with precision that the cheque was dishonored, though, the same was issued by respondent No.1 towards price of the goods. The trial Court also found that the defence taken by respondent No.1 that the cheque was stolen by the appellant-company was afterthought - The very object of brining section 138 of NI Act and provision of Section 139 of NI Act for presumption was for early disposal of the claims of the parties. The said object was thus, defeated by the lower Appellate Court by giving reasons that the account book that was proved was not sufficient when the same is also evidence under Section 34 of the Evidence Act, 1872. The reason given by the lower Appellate Court that he did not bring the cash book or order book etc. could well be understood, if civil suit is tried. The judgment of the lower Appellate Court will have to be set aside and the judgment of the trial Court will have to be restored.
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