TMI Blog2004 (2) TMI 374X X X X Extracts X X X X X X X X Extracts X X X X ..... f his, had borrowed an amount of Rs. 20,000 from him and had issued Ext. P1 cheque for Rs. 22,000 dated 19-2-1991 for the due discharge of the said liability (including interest). The cheque, when presented for encashment, was dishonoured on the ground of insufficiency of funds . Thereafter, the complainant came to court after scrupulously observing the statutory time table. 3. Cognizance was taken. The accused entered appearance and denied the offence. Thereupon, the prosecution examined PWs. 1 to 5 and proved Exts. P1 to P12. PW1 is the complainant. PW2 was the Mayor of Calicut who tried to mediate the disputes between the parties and effect a settlement. PWs. 3 to 5 are Managers/employees of the Banks. The accused admitted that he h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eposterous for the learned Magistrate to conclude that the cheque was not issued for the due discharge of a legally enforceable debt/liability. On the basis of Ext.P7, such a conclusion should not have been reached. The learned Magistrate did not properly apply his mind to the presumption available under section 139 of the N.I. Act. In these circumstances, the impugned judgment of acquittal may be set aside, it is prayed. 6. I am in agreement with the learned counsel for the appellant. The learned Magistrate appears to have taken a view in favour of the accused only on the basis of Ext.P7 complaint filed by the complainant before the police. A careful reading of the said complaint, according to me, cannot at all lead a court to the conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial significance to an inadvertent error in the typing of the date. Ext.P7 read as a whole and read along with Ext.P1 must clearly covey that the date on which there was an agree- ment to pay was 16-2-1991' and not 16-3-1991'. The next paragraph of Ext.P7 would clearly and eloquently convey this. I am, in this circums-tances, satisfied that the reasons on which the judgment of acquittal is founded are shaky and unacceptable. According to me, the learned Magistrate should have held that the cheque has been issued for the due discharge of a legally enforceable debt/liability. 9. No other grounds are urged to support the judgment of acquittal. I am satisfied that all ingredients of the offence punishable under section 138 of the N.I. Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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