TMI Blog2018 (4) TMI 1409X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent Represented by: None MUKTA GUPTA, J. (ORAL) Crl.M.A. 7297/2018 (Exemption) Allowed, subject to all just exception. Crl.M.A. 7296/2018 For the reasons stated in the application, delay of 62 days in filing the leave to appeal petition is condoned. Application is disposed of. CRL.L.P. 259/2018 1. Petitioner (APS Forex Services Pvt. Ltd.) filed complaint case no. 613738/16 under Section 138 Negotiable Instruments Act, 1881 (in short 'NI Act') alleging that in discharge of liability arising out of issuance of foreign exchange/USD card under LERM scheme vide request letters dated 10th January, 2014, 20th February, 2014 and 22nd February, 2014, respondent no. 1 (Shakti International Fas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... creditors as Ex.CW-1/D7. 3. Sushil Kumar, partner of respondent no. 1, in his statement recorded under Section 313 Cr.P.C. stated that he was the signatory to the cheque and the cheque was issued as blank security cheque wherein the amount was filed by the petitioner. He further submitted that the request letters were forged and fabricated. He also submitted that the cards, for which payment was sought, were not issued by respondent no. 1. 4. Anuj Sharma, respondent no. 2, in his statement recorded under Section 313 Cr.P.C. stated that he was also a partner of respondent no. 1 and took the same stand as Sushil Kumar. 5. Respondents did not lead any defence evidence. 6. It is the case of the petitioner that Sushil Kumar approache ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... explained. Thus, the issuance of USD card of 15,000/- against request letter dated 10th January, 2014 was doubtful. 8. Furthermore, the petitioner failed to produce vouchers containing acknowledgement of receipt of two transactions of foreign exchange of USD (CN) 2500 dated 22nd February, 2014. With respect to the transaction pertaining to issuance of travel card of $10,000 amounting to ₹ 6,35,554/- on 20th February, 2014, the amount actually withdrawn therefrom was not proved. Though the petitioner produced the statement of account of travel card Ex.CW-1/D6, however, the same was neither proved in terms of Bankers' Book Evidence Act,1891 nor accompanied by certificate under section 65B of Indian Evidence Act, 1872, thus inadm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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