Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 497 - HC - Indian LawsReversal of Order of Conviction - Offence under Section 138 of the Negotiable Instruments Act, 1881 - Held that:- P.W.1 [P.Venkatesan], who is the Power of Attorney admitted in his cross examination that he did not know the particulars about the lending of money to the respondent. In this regard, in his cross-examination, he specifically stated that he did not know the transaction happened between his wife and the respondent - The said circumstances shows that P.W.1 is not having due knowledge with regard to the loan transaction happened between the complainant and the accused - the said lapse on the part of the appellant will shake the very root of her case. Promissory note - case of respondent is that the recitals of the promissory note clearly proves that it has not been executed in favour of the appellant - Held that:- As per the recitals found in the promissory note, it is clearly proved that the loan amount of ₹ 75,000/- was received by the respondent only on 05.02.2007. But, P.W.1 to P.W.3 categorically mentioned in the proof affidavit that only ₹ 25,000/- was paid as a loan on 05.02.2007. Hence, the existing liability of the respondent has not been proved by the appellant through the cogent and convincing evidence - interference is not necessary in the findings of the First Appellate Court. Appeal dismissed.
|