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2017 (3) TMI 822 - SC - Indian LawsCharge against 2nd respondent under Section 138 of the N.I. Act - Held that:- We find that the 2nd respondent in his deposition categorically stated that to satisfy the terms of agreement (Ext.D2), on 7.9.2000 he had arranged to the appellant ₹ 75,000/- in cash and a cheque for ₹ 2,25,000/-. It is on record that the appellant/complainant himself admitted in the cross examination that till 6.9.2000 the balance in his bank account was less than ₹ 1,000/- and on 7.9.2000 (the date of agreement, Ext. D2) he made a fixed deposit of ₹ 70,000/-. Significantly, a copy of the fixed deposit receipt is available with the 2nd respondent also giving scope to the presumption that the appellant made the fixed deposit of ₹ 70,000/- out of the cash arranged by 2nd respondent. There is also no justifiable reason shown by the appellant to deem that the fixed deposit was made out of any other source. An argument was, however, advanced on behalf of the appellant that even if the cheque in question was issued by the 2nd respondent for settling the disputes between the appellant and M.M. Basheer, the 2nd respondent would be still binding under Section 138 of the N.I. Act. On this aspect, we observe that the material on record explicitly shows that the disputes between the appellant and M.M. Basheer were not settled amicably in terms of agreement (Ext.D2). Moreover, the appellant nowhere claimed fulfillment of performance of his part of the agreement. Taken into consideration all aspects of the case, we are of the opinion that the entire evidence has been properly evaluated by the Trial Court to reach the just conclusion that the appellant/complainant has failed to prove his case beyond reasonable doubt. Thus, there is no perversity or illegality in the impugned order passed by the High Court calling for our interference, particularly in the absence of proof of legally enforceable debt existing between the parties.
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