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2019 (3) TMI 1412 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - acquittal of the respondent - Section 138 of the Negotiable Instruments Act - Held that:- The respondent has led sufficient evidence to prove that his cheque book containing signed and unsigned cheque was lost. On 30.8.2010 the respondent in fact had not only lodged complaint to his banker Ext. D-1 but had also lodged a complaint with the police Ex.DW-3/A. The version putforth by the respondent is duly corroborated by DW-1 Kusam Chand, Branch Manager, Kangra Central Cooperative Bank , Katrain and DW-3 HHC Uttam Chand - Apart from the above, in case the appellant/complainant had in fact supplied milk to the respondent, even then the least that was expected from him was to have maintained some accounts. There is no illegality with the orders passed by the learned Court below whereby the respondent has been acquitted - even the presumption as is attached to the Negotiable Instruments Act under Sections 118 and 139 of the Act is of no assistance to the appellant. Appeal dismissed.
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