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2018 (9) TMI 841 - HC - Indian LawsDishonor of Cheque with remarks “exceeds arrangement” - repayment of loan - Section 138 of Negotiable Instruments Act - Whether the order of acquittal passed by the Lower Appellate Court is manifestly erroneous warranting interference? Held that:- With regard to the material alteration, the evidence given by D.W.1 is contradictory in nature. In the trial Court, through the evidence of D.W.3, it was established, previous to the date in which the cheque was dishonoured, the respondents issued another 4 cheques for various amounts. Further, the same were acknowledged by the appellant through Ex.P.8. In the trial Court, it was the case of the respondents that the entire due was paid to the appellant through various cheques, for which, the copy of the accounts pertaining to the respondents was marked as Ex.P.6. On close scrutiny of the said document reveals that the cheques contained the serial number earlier to the date, in which, the cheque was issued has been presented and the same was collected. Further, as per Ex.R.7, ₹ 35,000/- was paid to the appellant. Likewise, as per Ex.P.8, ₹ 15,636/- was paid to the appellant through demand draft. The said facts are admitted by the complainant. Furthermore, it is an admitted fact that the date, in which, the cheque was issued is a Holiday. Both the respondents are running the Company, issuing the cheque in the Holiday is also create a doubt, whether the transaction as stated by the appellant had happened or not. Further, at the time of filing the complaint, before the trial Court, the appellant did not enclose the copy of invoice to show his bonafide. However, only during the time of trial, he produced the invoice. In the business community, it is the common practice to receive the blank cheque or filled cheque immediately after sending the materials. But in this case, the evidence of P.W.1 shows such practice is not adopted in this case - The case of the appellant suffers through two reasons; [i] the material alteration stated by the respondents has not been properly explained, and [ii] the respondents raised a reasonable doubt in respect of his liability. Hence, there is no need to interfere with the findings arrived at by the trial Judge. The order of acquittal is hereby confirmed - appeal dismissed.
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