9911796707
TMI Blog2020 (1) TMI 883X X X X Extracts X X X X X X X X Extracts X X X X ..... . According, to, the complainant, he runs the business of retreading, of, tyres at Taradevi, Shimla, and, Village Chammla, Darlaghat, Distric tSolan. It has been averred that accused has business dealings with the complainant, and, he has a credit account with the complainant. The accused has been making part payments in the said credit account from time to time. In order to partly discharge the outstanding liability on account of services rendered by the complainant, the accused issued cheque No. S/B0860872, drawn at the Jogindra Central Co-op. Bank, Extension counter JGC Bank Mangoo, for, an amount of Rs. 27,025/- in favour of the complainant. The complainant presented the said cheque for encashment through its banker PNB Anaj Mandi, Shim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt, returned findings, of, acquittal, in, favour, of, the, accused/respondent herein. 5. The learned counsel appearing, for, the, complainant/appellant herein, has, concertedly, and, vigorously contended, qua, the, findings, of, acquittal recorded, by, the, learned trial court, standing, not based, on, a, proper appreciation, by it, of, the, evidence, on, record, rather, theirs standing sequelled, by, gross misappreciation, by, it, of, the, material, on, record. Hence, he, contends, qua, the, findings, of, acquittal warranting reversal, by, this Court, in, the, exercise, of, its, appellate jurisdiction, and, theirs standing replaced, by, findings, of, conviction. 6. On the other hand, the, learned counsel appearing, for, the, accused/r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly towards, the, apposite satisfaction, of, a legally enforceable debt or other liabilities, subsisting, inter se, the, accused, and, the complainant. 8. The afore rebuttal, or, discharging evidence, can become, comprised, in, the, respondent/accused, meteing, apposite suggestions, hence, during, the, course, of, the, cross-examination, of, the complainant, and/or, his adducing, the, apposite evidence, in, his defence. The learned trial Court, upon, its placing reliance, upon, a decision, of the Hon'ble Apex Court, rendered, in, a case titled, as, Raj Kumar Khurana vs. State of (NCT of Delhi) and another, reported in (2009) 6 SCC 72, (a) wherein, it becomes expostulated, vis-a-vis, the, afore statutory presumption, as, works, vis-a-vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ran Dutt. Needless to say that, the afore suggestions, do, emphasisingly underscore qua hence the defence acquiescing, vis-a-vis, Ex.CW1/A, rather than it being lost, it becoming handed-over, to, one Puran Dutt, an, employee, of, the, complainant. (f) Furthermore, thereonwards, with, the, accused also not denying, vis-a-vis, all, the, scribings, in, words, and, figures, as, embodied, in, Ex.CW1/A, becoming authored, by, him, nor when he contest, vis-a-vis, his signatures borne, in, Ex. CW1/A, being, unauthentic. The inevitable sequel thereof, is, more particularly, when thereafter, also, the, respondent/accused, failed, to, recourse, the, mechanism, encapsulated, in, Section 45, of, the Indian Evidence Act, inasmuch, as, qua all the scribin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cogent evidence becomes adduced, vis-a-vis, the, complainant, despite, no subsisting legal enforceable debt or liability, erupting, inter se, both, yet, rather Ex.CW1/A becoming issued merely, as, a security, (iii) thereupon, it becomes unflinchingly con-cludable, vis-a-vis, the, issuance of Ex.CW1/A, by, the, accused, in, favour, of, the, complainant, being towards, the, discharge(s) there through, vis-a-vis, the, apposite contractually enforceable debt or other liability, and, appertaining, to, the, expenditure, of, re-treading of tyres, as, conducted, in, the, unit, of, the, complainant. 10. For the reasons which have been recorded hereinabove, the instant appeal is allowed, and, the verdict impugned before this Court is set aside. Con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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