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2021 (10) TMI 757 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - failure to lead any evidence despite of opportunity provided - locus standi to file the complaint under Section 138 of NI Act - offence punishable under Section 138 of NI Act - HELD THAT:- This Court is convinced and satisfied that complainant successfully proved on record that cheque in question was issued by the accused for discharge of his lawful liability and such cheque on its presentation was dishonoured on account of insufficient funds. Evidence led on record clearly reveals that complainant after having received memo from the bank concerned advised accused by way of legal notice to make the payment good within the stipulated period, but since he failed to do so, complainant had no option, but to file/institute complaint under Section 138 of the Act. In the case at hand bare perusal of complaint filed by the complainant Anil Bansal itself reveals that he is the proprietor of Karyana Shop namely M/s. Roshan Lal & Sons, which is proprietorship concerned. Complainant has categorically stated that accused used to purchase grocery items in wholesale from his shop, as detailed hereinabove, which fact is otherwise evident from bill Ex. CW1/A, perusal whereof reveals that on 15.11.2016, accused herein purchased 120 bags of sugar and 100 kg. Chickpea from the shop of the complainant. Since complainant specifically pleaded in the complaint that he is proprietor of firm concerned i.e. M/s. Roshan Lal & Sons, it cannot be said that he had no locus standi to file the complaint under Section 138 of the Act. Moreover, cheque in question has been not issued in favour of Anil Bansal, rather same was issued in favour of firm i.e. M/s. Roshan Lal & Sons. This Court has a very limited jurisdiction under Section 397 of the Cr.P.C., to re-appreciate the evidence, especially, in view of the concurrent findings of fact and law recorded by the courts below - this Court sees no valid reason to interfere with the well reasoned finding recorded by the courts below, which otherwise, appear to be based upon proper appreciation of evidence available on record and as such, same are upheld. Petition dismissed.
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