TMI Blog2020 (8) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... case. Even if Ext.D4 excluded, in the light of Exts.D1 to D3, it is clear that the accused rebutted the presumption under Sections 138 and 139 of the Negotiable Instruments Act. The trial court considered all the aspects of the case and acquitted the accused. There is nothing to interfere with the judgment of the trial court. Appeal dismissed. - CRL.A.No.570 OF 2005 - - - Dated:- 2-7-2020 - THE HONOURABLE MR. JUSTICE P. V. KUNHIKRISHNAN FOR THE PETITIONER : BY ADVS. SRI.N.P.SAMUEL SRI.RUPESH V.R. FOR THE RESPONDENT : BY ADV. SRI.RAJESH SIVARAMANKUTTY JUDGMENT Dated this the 2nd day of July 2020 The above appeal is filed by the complainant in S.T.No.210 of 2000 on the file of the Chief Judicial Magistrate, Palakkad. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not guilty under Section 138 of the Negotiable Instruments Act, and hence he is acquitted under Section 255(1) Cr.P.C. Aggrieved by the acquittal order, this Crl.Appeal is filed. 5. Heard the learned counsel for the appellant and the learned Public Prosecutor. 6. The learned counsel for the appellant submitted that the accused committed the offence under Section 138 of the Negotiable Instruments Act. He argued that the accused issued a cheque for a legally enforceable debt to the complainant, and all the formalities under the Negotiable Instruments Act are complied with. The learned counsel also submitted that the learned Magistrate erred in relying on the averments in Ext.D4 plaint in O.S.No.720 of 2001. The learned counsel submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... due from the accused and his wife under the abovesaid chitties. The complainant has not disputed Exts.D1 and D2. On receipt of Exts.D1 and D2 the accused issued Ext.D3 reply dated 3.11.1999. In Ext.D3, the accused has stated and the complainant has obtained two blank cheque leaves with his signature. In Ext.D3 the accused has stated the numbers of the cheque leaves as Nos.920532 and 920533 of Indian Overseas Bank, Palakkad Branch. In Ext.D3, he also stated that the complainant has obtained a blank signed stamped paper and a blank signed paper in addition to the blank cheque leves. The accused also produced the postal acknowledgment receipt evidencing receipt of Ext.D3 reply by the Advocate for the complainant on 4.11.99. The complainant has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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