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2016 (10) TMI 368 - DELHI HIGH COURT

2016 (10) TMI 368 - DELHI HIGH COURT - TMI - Guilty for committing offence under Section 138 Negotiable Instruments Act - Held that:- There is controversy as to the ‘date’ when it was so executed; the word “Liya or Diya” mentioned in it are also disputed. The complainant did not examine any attesting witness to corroborate his version. Admittedly, the revenue stamp was affixed on the receipt subsequently; there are certain alterations in receipt (Ex.CW-1/3). It further records that the cheques i .....

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and ₹ 1.70 lacs were given by him to the respondent. - The respondent examined DW-2 (Ramesh Chandra) and DW-3 (Ashok Kumar) attesting witnesses to the receipt (Ex.CW-1/3). They have supported the respondent’s version. It was specifically denied that the words in Ex.CW-1/3 were manipulated or fraudulently inserted. At no stage, the complainant lodged any complaint for fabrication of the receipt (Ex.CWCrl. 1/3) though it continued to be in his possession. Contents of the receipt can’t b .....

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entrustment. In the light of above discussion, impugned judgment suffers from no illegality. - CRL.A. 814/2014 - Dated:- 5-10-2016 - MR. S.P. GARG J. Appellant Through : Mr.Narender Bhandari, Advocate. Respondent Through : Respondent is present in person. S.P.GARG, J. 1. Challenge in this appeal is a judgment dated 07.05.2011 of learned Addl. Sessions Judge in Crl.A.No.04/2011 by which orders on conviction and sentence dated 29.01.2011 and 04.02. .....

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t guilty for committing offence under Section 138 Negotiable Instruments Act. Aggrieved by the said orders, the respondent went in appeal and it resulted in setting aside of the orders on conviction and sentence. Being dissatisfied, the appellant has come in appeal. 3. In the complaint under Section 138 Negotiable Instruments Act, the appellant claimed that in September, 2003 the respondent and his associate Ramesh Chandra (since acquitted) had approached him for acquiring certain gol .....

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m for acquiring gold ornaments worth ₹ 4 lacs; what were its specifications. It was not disclosed as to what was the total weight of the gold ornaments and what was its valuation. It was also not clarified as to on what particular date the gold ornaments were handed over by the appellant to the respondent. In the complaint, the complainant also did not reveal if any time the respondent had pledged ornaments with him and if so, what was its weight and valuation and whether these were ever r .....

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inant admitted that, in lieu of the ornaments, he had paid ₹ 4 lacs to the respondent. He further stated that no writing was made regarding the payment made by him to the respondent. Apparently, the appellant has not presented true facts. It was not claimed that cheques in question were issued by the respondent in the discharge of debt or other liability . 6. Admittedly, receipt (Ex.CW-1/3) was executed between the parties. However, there is controversy as to the date when it wa .....

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