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2018 (10) TMI 270 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - Recovery of amount borrowed - burden of prove - Section 138 of Negotiable Instruments Act - Held that:- It reveals that the respondent/complainant stated that there is money transaction between the appellant/accused and respondent/complainant, whereas in the deposition he has clearly stated that he knows the accused from childhood and the accused used to come his father's Cycle Shop and there is no money transactions between him and the appellant/accused. Both the Courts below have failed to consider the above contrary statement made by the respondent/complainant - Further the respondent/complainant did not produce any substantial document to prove his claim, except production of disputed cheque/Ex.P1. It is settled proposition of law, in criminal case, the burden of proof on the side of the prosecution only, if it is private complaint then the complainant has to prove his case. In the present case on hand the accused entered into witness box and stoutly denied the execution of cheque and the signature found on the cheque, it is for the complainant to substantiate his claim beyond reasonable doubts in the manner known to law. This Court is inclined to set aside the conviction and sentence imposed by the trial Court and confirmed by the lower appellate Court by judgment dated 23.11.2012 - revision allowed.
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