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2018 (9) TMI 44 - HC - Indian LawsAcquittal of Accused - Offence punishable under Section 138 of NI Act - Held that:- In the overall circumstances of the case negotiable instrument has to be examined in the context of relevant circumstances. The claim is made at the fag end of the trial regarding very cheque did not belong to accused, is not only misleading more particularly when there are no circumstances, explanation, the situation wherein the cheque belonging to a person other than accused has been signed by accused. Even if the claim was put forward by the accused in the beginning it would have not improved his case in the context and circumstance of the case. Accused has issued the cheque belonging to another person invariably other account of accused, signed it. Apart from the presumptions regarding holder considering be it under Section 118 or Section 139 of the Negotiable Instruments Act, when the representation is made by issuing cheque and by signing on it, there will not be occasion to doubt as to whether it is mentioned on the cheque that account belongs to another person - The Judgment pronouncing the acquittal of the accused passed by the learned first appellate Judge does not answer the questions of reasonability and legality and it is liable to be set aside. Appeal allowed.
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