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2020 (12) TMI 511 - HC - Indian LawsDishonor of Cheque - presumption in favour of the complainant under Section 139 of the Negotiable Instrument Act - acquittal of the accused - whether the accused committed the offence under Section 138 of N.I Act? - HELD THAT:- The admitted case of the complainant is that to discharge the liability, Ext.P1 cheque was issued by the accused and when the cheque was presented, it was dishonoured. The complainant also says that based on Ext.P7 hire purchase agreement, the company seized the vehicle and sold the same. The sale proceeds were already taken by the complainant company. Based on these admitted facts, the trial court found that when the complainant proceeded based on Ext.P7 agreement and re-possessed the vehicle from the accused and sold the vehicle, whether the amount of ₹ 87,600/- will be there as amount due can be decided only by a civil court or through the method mentioned in Ext.P7 hire purchase agreement. The trial court considered the entire aspect. After considering the oral and documentary evidence and based on Ext.P7 hire purchase agreement, the trial court came to such a conclusion. This is an appeal against acquittal - there are no reason to interfere with the finding of fact by the trial court - appeal dismissed.
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