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2018 (11) TMI 1162 - HC - Indian LawsDishonor of Cheque due to insufficiency of funds - present appeal is filed on the ground that Appellate Court has failed to consider the falsity of defense witness - recovery of loan - Sections 138 and 142 of the Negotiable Instruments Act - Principles of natural justice - Held that:- The factum of issuing the cheques on 30.06.2012 not being disputed by the accused and the attempt to show that the subject cheque was obtained on the date of executing the mortgage deed being falsified despite examining of D.W.1 and D.W.3. The First Appellate Court has still dismissed the complaint by reversing the well considered judgment of the trial Court. It is pointed out by the learned counsel for the appellant that the first Appellate Court by surmises and conjectures has laid its conclusion that the variance in colour and writings found in the subject cheques, amounts to material alteration in the Negotiable Instrument. The said findings of the First Appellate Court is perverse, contrary to law - The evidence of D.W.2, and the explanation of the accused goes to show that the subject cheques were given to the complainant on 04.11.2011 itself when he mortgaged the property and obtained loan of ₹ 2,00,000/- gets falsified. The order of the First Appellate Court bristles with infirmity and perversity - appeal allowed.
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