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2017 (7) TMI 546 - HC - Indian LawsWrong appreciation of evidence and inaccurate applicability of Section 139 of the Negotiable Instrument Act - Held that:- In the instant case the applicant has failed to rebut the presumption to place the onus on the respondent to come with better quality of evidence than the one which already on record. Therefore, the contentions canvased by the learned counsel for the applicant recording wrong appreciation of evidence and inaccurate applicability of Section 139 of the Negotiable Instrument Act deserves to be repelled. Taking this view of the matter the instant criminal revision is hereby dismissed. The applicant is directed to surrender before the Court below on 08.08.2017 to complete the remaining sentence imposed by the Court below. If the applicant has deposited any money in furtherance to the direction issued by the appellate Court or by this Court, same be released to the respondent upon furnishing certified copy of this order. The applicant is further directed to deposit the remaining money, if any, on or before 08.08.2017, failing which the default stipulation indicated in judgment dated 06.08.2015 shall be enforced.
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