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2019 (1) TMI 1494 - HC - Indian LawsDishonor of Cheque - offence punishable under Section 138 of Negotiable Instruments Act - acquittal of accused - Held that:- It is apparent on the face of the record that the learned Judge has recorded findings in consonance with the facts on record and has appreciated the documents as well as the evidence in accordance with law. It is also apparent on the face of record that it is not the respondent no.1, but it is the applicant/complainant, who has cheated the present respondent no.1. The fact that the cheque issued towards the LIC and the cheque presented by the applicant for encashment are one and the same. The cheque number of both cheques is 169764. It was fortunate that the accused/respondent no.1 had drawn a photocopy of the cheque prior to submitting the same for the purpose of drawing the LIC policy. The evidence on record speaks for itself. In fact the accused-respondent no. 1 had also warned the applicant/complainant that he would initiate prosecution against the complainant. However, since the applicant had initiated criminal proceedings against respondent no.1 under Section 138 of Negotiable Instruments Act, he had not taken any steps. The LIC of India or the accused-respondent no.1 would reserve their rights to initiate the criminal proceedings against the applicant for forgery and fabrication of documents. Since the respondent no.1 had to go through the trauma/ordeal of the criminal prosecution for a period of ten years, the application seeking leave to appeal is dismissed with costs - application dismisssed with costs.
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