TMI Blog2020 (1) TMI 883X X X X Extracts X X X X X X X X Extracts X X X X ..... Since, the, afore statutory presumption, is, hence workable, vis-a-vis, the complainant, and, when also, the, afore statutory presumption, hence, remained un-displaced, by, any cogent rebuttal evidence becoming adduced, by, the, respondent/accused, (ii) besides when no 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, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our of the complainant. The complainant presented the said cheque for encashment through its banker PNB Anaj Mandi, Shimla, which was sent to the banker of the accused for collection but vide cheque returning memo dated 12.04.2018, the banker of the accused returned the cheque dishonoured with endorsement Drawer has stopped the payment . On receiving the information qua the dishonour of cheque through his banker on 25.5.2008, the complainant issued legal notice to the accused vide registered post dated 1.6.2008, on the correct address of the accused, calling upon him to make the payment of cheque amount within 15 days. It has been averred that despite the receipt of the legal notice, the accused failed to make the payment of the cheque amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iction, and, theirs standing replaced, by, findings, of, conviction. 6. On the other hand, the, learned counsel appearing, for, the, accused/respondent herein, has, with considerable force, and, vigour, contended, qua, the, findings, of, acquittal recorded, by, the, learned trial court, rather, standing based, on, a, mature, and, balanced appreciation, by, it, of, the, evidence, on, record, and, theirs not necessitating, any interference, rather theirs meriting vindication. 7. Cheque bearing No. S/B 0860872, carrying therein a sum of ₹ 27,025/-, and, as becomes embodied, in, Ex.CW1/A, on, presentation, by, the, complainant, before, the banker concerned, rather became declined, to be, honoured, as, becomes, evident, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led, 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-vis, the, holder, of, the, negotiable instrument, hence, in, due course, rather becoming, per se rebutted, upon, the, apposite negotiable instrument, becoming proven to be lost, (b) hence, in tandem therewith, it, made, an, order, of, acquittal, upon, the respondent/accused. For, the, reasons, to be, assigned hereinafter, the, afore reliance placed, upon, the, afore verdict, of, the, Hon'ble Apex Court, is, a sequel, of, a grossest misunderstanding, of, the, apposite expostulation, of, law, embodied therein, and, the, afore misunderstanding ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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 scribings, in words, and, figures rather occurring in Ex.CW1/A, and, also the signatures borne therein, all, becoming not authored, by, him, and, hence, the learned trail court rather transmitting them, to, the, handwriting expert, for comparison becoming made, by, the, expert, inter se, his admitted handwritings, and, signatures, vis-a-vis, the apposite disputed handwritings, and, signatures. Reiteratedly, the afore omissions, to, make the afore recoursing, hence, by the accused, constrains a conclusion qua his hence admitting qua all the scribings in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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