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2015 (12) TMI 990 - PUNJAB AND HARYANA HIGH COURT

2015 (12) TMI 990 - PUNJAB AND HARYANA HIGH COURT - TMI - Grant of leave against the judgment of acquittal - The accused-respondent has been acquitted for offence punishable under Section 138 of the Negotiable Instruments Act (for short 'NI Act') - Held that:- On perusal of statement of the complainant, it has come on record that in his cross-examination, he has admitted that he is income tax payee and from the last six years, he has furnished ITR but he has not shown the amount of cheque in dis .....

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nt, his father retired in December 2013 from Agricultural Department and the amount in question was given to the accused in February 2012 much prior to his retirement. The accused has placed on record three documents Ex.D1 to Ex.D3. Ex.D1 is copy of complaint filed by brother of the complainant in the year 2010 and two cheques amounting to ₹ 55,000/- have also been mentioned. Said cheques were returned due to insufficiency of funds and thereafter, complaint was filed. No doubt, the complai .....

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ed to prove his case and the presumption goes against him. The trial Court considered the submissions and by considering the evidence on record, no case was made out against the accused and he was acquitted of the charge.

Learned counsel for the applicant is not able to prove as to how the finding recorded by the trial Court is contrary to the evidence or law. Hence, the present application for grant of leave to appeal against judgment of acquittal is dismissed. - Criminal Misc. No. A .....

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for grant of leave against the judgment of acquittal dated 13.11.2015 passed by the Additional Chief Judicial Magistrate, Palwal, whereby, the accused-respondent has been acquitted for offence punishable under Section 138 of the Negotiable Instruments Act (for short 'NI Act'). A complaint was filed against the accused-respondent under Section 138 of the NI Act stating therein that the accused borrowed a sum of ₹ 4,25,000/- from the complainant in the month of February 2012 for a p .....

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dated 08.05.2012 with the remarks Drawers Signature incomplete . An intimation in this regard was received by the complainant on 09.05.2012. Thereafter, a legal notice was served by the complainant through his counsel to call upon the accused to pay the amount of cheque in dispute within a period of 15 days from the date of receipt of legal notice but the accused failed to make the payment of cheque in dispute. The complaint was presented on 07.06.2012. In preliminary evidence, the complainant e .....

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2, who proved cheque return memo Ex.C2 and complainant himself appeared as CW3 and tendered his affidavit Ex.CW3/A. He also proved cheque Ex.C1, Memo Ex.C2, Legal Notice Ex.C3 and Receipt Ex.C4. Thereafter, statement of accused under Section 313 Cr.P.C. was recorded on 04.08.2014 wherein the accused denied all the allegations levelled against him. In defence, the accused tendered documents i.e., Ex.D1 copy of complaint, Ex.D2 copy of statement of Sandeep and Ex.D3 copy of order passed in case ti .....

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cord in support of his version. All the witnesses examined by the complainant proved and corroborated his statement. The cheque in dispute was given to the complainant and the same was dishonoured. There was no reason to disbelieve the evidence produced by the complainant and as such, all ingredients of Section 138 of the NI Act are there, still the accused has been acquitted of the charge. Learned counsel also submits that only on the basis of presumption, the accused has been acquitted of the .....

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consideration, and that every such instrument, when it has been accepted, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration; (b)as to date; that every negotiable instrument bearing a date was made or drawn on such date; (c)as to time of acceptance; that every accepted Criminal Misc. No. A-282-MA of 2015 (O&M) 5 bill of exchange was accepted within a reasonable time after its date and before its maturity; (d)as to time of transfer; that e .....

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from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that the holder is a holder in due course lies upon him. Section 139.Presumption in favour of holder- It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque, of the nature referred to in section 138, for the discharge, in whole or in pa .....

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