Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (8) TMI 216 - HC - Indian LawsDishonor of Cheque - prosecution under section 138 of the Negotiable Instruments Act - rebuttal of prosecution - HELD THAT:- It is clear that the complainant issued Ext.D1 and Ext.D2 notice. In Ext.D3 reply dated 3.11.1999, it is specifically stated by the accused that two blank cheques are with the complainant. The number of Exhibit P1 was specifically mentioned. The case of the complainant is that the accused issued Ext.P1 cheque on 10.11.1999. This itself creates doubt about the case of the complainant. The counsel for the complainant submitted that Ext.D4 plaint is not related to the cheque involved in this case. Even if Ext.D4 excluded, in the light of Exts.D1 to D3, it is clear that the accused rebutted the presumption under Sections 138 and 139 of the Negotiable Instruments Act. The trial court considered all the aspects of the case and acquitted the accused. There is nothing to interfere with the judgment of the trial court. Appeal dismissed.
|