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2020 (5) TMI 312 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - discharge of legally enforceable debt, arising from a chitty transaction - offence u/s 138 of NI Act - principles of natural justice - HELD THAT:- The Court below over looked the fact that the accused was the guarantor to the chitty transaction. The chitty transaction by the husband of the accused is not in dispute. On the other hand, the trend of the cross examination showed that PW1 was not cross examined at length and except making a vague suggestion that the cheque was not handed over by the accused, no further defence was setup - There is nothing on record to show that the husband and wife were at logger heads or that they were living separately. Her version that, the signature on the cheque was forged by the husband was not seen put to PW1 in cross examination. On the other hand, her contention is falsified from the very fact that, she has gone to the extent of stating that even the postal acknowledgment produced along with the complaint was forged and produced by the complainant themselves. It seems that the court below did not correctly evaluate the evidence in its correct perspective. The court below did not take into consideration Exts.P3 to P6 documents - the matter needs to be considered afresh by the court below on the basis of the evidence already on record and the further evidence, if any, which both sides propose to adduce - Matter on remand.
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