TMI Blog1997 (1) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... s Act, 1881. 2. The case of the appellant-complainant in brief is that he deals in manufacture of general merchandise and had business dealings with the first respondent who owed a sum of ₹ 5,45,000 as per the settlement of account dated March 31, 1990. The first respondent, in discharge of his liability to pay the said amount, issued a cheque for ₹ 5,45,000 drawn on Canara Bank, Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discharge of his liability to pay any amount to the appellant. It also reached the conclusion that by the time the cheque was alleged to have been issued, the first respondent-accused had closed his account with the Canara Bank. The lower court on assessment of the evidence on record disbelieved the case of the appellant and acquitted the first respondent-accused. 5. Feeling aggrieved by the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same. The case of the appellant, as set out in the complaint, is that he had business dealings with the first respondent-accused and after settling the account, the accused-respondent has issued a cheque for an amount of ₹ 5,45,000. It is well-settled that no amount of evidence can be looked into without allegations made in the complaint. The omission in the complaint regarding advancing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... loan of ₹ 15,000. But, PW-1 in cross-examination admitted that he did not know any person by name Laxminarayana Reddy. 7. The alleged loan was advanced in the year 1985 and the cheque was issued in the year 1990. By the time the cheque was issued, the debt appears to have been barred by limitation because no acknowledgment is alleged to have been obtained by the appellant from the first ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be convicted under section 138 of the Negotiable Instruments Act simply on the ground that the debt was not legally recoverable. 9. For the foregoing reasons, no fault can be found out with the findings of the acquittal recorded by the learned lower court and under these circumstances whether a cheque was issued after the closure of account or not does not assume relevance in this case. 10. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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