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2018 (9) TMI 1284 - HC - Indian LawsOrder of Acquittal - Dishonor of Cheque - Section 138 of NI Act - Held that:- This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record. The solitary reason assigned by the learned trial Court, hence, for recording an order of acquittal, upon, the accused, is, anvilled upon, the proprietary concern, nomencaltured as M/s Deepak Electrical Store, not being owned by the accused, rather, it, as depicted by Ex.DW2/A, and, by Ex.DW2/B, being owned by one Deepika Aukta. The aforesaid reason, for the reasons to be ascribed hereinafter, is grossly fallacious; (a) the complainant, in his testification, comprised, in his examination-in-chief, rendering clear echoings, vis-a-vis, accused No.1, visiting his commercial establishment, located at Parwanoo, and, his thereat supplying electrical items, to him; (b) his making an apposite entry in his apt register(s); (c) the dishonoured negotiable instruments, respectively, borne in Ex.CW1/A, and, in Ex.CW1/B, being signatured, in his presence by the accused. The learned trial Court, merely, upon anvil, of reflections, borne, in Ex.DW2/A, and, in Ex.DW2/B, proceeded, to record, an order of acquittal upon the accused. However, the placing, of, reliance thereon, is, grossly inappropriate - this Court holds that the learned trial Court has not appraised the entire evidence on record in a wholesome and harmonious manner, apart therefrom, the analysis of the material on record by the learned trial Court, suffers, from, a gross perversity or absurdity of mis-appreciation and non appreciation of evidence on record. Appeal allowed.
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