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2017 (3) TMI 1891 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - discharge of legally enforceable debt or not - cheque issued as a security for performance of agreement or not - cross examination of the witnesses or not - HELD THAT:- This Court was unable to find out any record adduced by accused/petitioner suggestive of the fact that sale deed, if any, was executed between the parties pursuant to agreement Ext.D1. Hence defence as taken by accused/petitioner under Section 313 Cr.P.C. was rightly not taken into consideration by learned Courts below while holding petitioner guilty of having committed an offence punishable under Section 138 of the Act - Conjoint reading of evidence and documents placed on record clearly establish on record that complainant had advanced an amount of Rs. four lacs to accused on understanding that he would return the same within stipulated period. Similarly this Court after carefully examining the cheques Ext.CW2/A and Ext.CW2/B is convinced that these were issued by accused/petitioner towards his liability to repay the amount. Careful perusal of Ext.D1, leaves no doubt in the mind of Court, that amount as referred was paid by complainant to accused and he in discharge of his liability issued cheques, which were ultimately dishonoured. This Court with a view to ascertain the genuineness and correctness of argument having been advanced by learned counsel for the accused/petitioner that there was no lawful consideration, carefully examined the entire evidence, which clearly suggests that there is no merit in aforesaid argument of learned counsel representing the petitioner - Bare perusal of Ext.D1, which was tendered in evidence by petitioner himself, proves on record that he had taken amount from the complainant and had issued two cheques for discharging his liability. There are no illegality and infirmity in judgments of conviction recorded by learned Courts below, which are certainly based upon correct appreciation of evidence adduced by parties and as such, present petition is dismissed - petition dismissed.
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