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2021 (6) TMI 469 - KARNATAKA HIGH COURTDishonor of Cheque - insufficiency of funds - legally enforceable debt or not - contradictions in evidences - HELD THAT:- The entire evidence of PW-1 is contradictory within itself on several counts and does not inspire any confidence to believe that the accused had issued the cheque at Ex. P-1 to the complainant towards any legally enforceable debt or liability, more particularly towards Ex. P-9. If according to the complainant the accused had entered into several agreements with him of not less than three to four in number and there were several transactions between them and since he could not able to co-relate Ex. P-1 with Ex. P-9, on the contrary, he himself has contradicted the alleged loan transaction and the liability in several manner, it cannot be presumed that there existed any legally enforceable debt payable by the accused in favour of the complainant, as such, towards the same, the accused had issued a cheque at Ex. P-1 to him. On the other hand, the defence taken by the accused that the cheque in question given as a security was misused by the complainant without returning the same even after completion of the sale transaction of the house, appears to be more probable. Both the trial Court and the Sessions Judge's Court without appreciating these aspects, have carried away by the fact that the complainant has produced the dishonoured cheque at Ex. P-1 and an agreement at Ex. P-9 and held that the alleged guilt against the accused has stood proved. Since the said finding now proves to be perverse and erroneous, the same deserves to be set aside - Criminal revision petition allowed.
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