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2019 (9) TMI 1497 - SC - Indian LawsDishonor of Cheque - allegation is that the cheque was not signed - It is urged that the High Court overstepped the limits which Appellate Court is bound by criminal cases setting aside an order of acquittal - conviction under Section 138 of the Negotiable Instruments Act - HELD THAT:- Proceedings under Section 138 of the Act are quasi-criminal proceedings. The principles, which apply to acquittal in other criminal cases, cannot apply to these cases. As far as the present case is concerned, in addition to three reasons, given by the High Court, we are of the view that the original appellant has not even explained how the leaves of the cheque entered into the hands of the complainant. It is urged that in crossexamination of the complainant some suggestions were made that since the complainant was visiting the office of the original appellant, he had access to the same. The complainant had only admitted that he visited the office of the original appellant but he denied all the other suggestions. Thereafter, it was for the original appellant to prove his part of the case. The High Court was right in holding the original appellant guilty under Section 138 of the Act - Appeal dismissed.
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