TMI Blog2016 (3) TMI 1400X X X X Extracts X X X X X X X X Extracts X X X X ..... m, the original receipt was handed over back by him to the respondent, is not inspiring any confidence. The learned Magistrate has observed that such version of the complainant or the appellant is hard to be believed as nobody would return such a conclusive and direct proof on mere acceptance of confirmation letter which is also not drafted happily. There are no perversity or arbitrariness in the learned Magistrate drawing a conclusion that the basic requirement of the offence punishable under Section 138 of the Negotiable Instrument Act that the cheque must be issued in discharge of a legally enforceable liability has not been proved beyond reasonable doubt. No doubt, there is a presumption that a cheque is issued in discharge of such a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the complainant with the United Bank of India, Versova Branch, Mumbai on 9th November, 1995. However, the cheque was dishonoured on 13th November, 1995 for the reason funds insufficient . Inspite of receiving a notice of return of dishonour of cheque and a demand made by the complainant from the accused to pay the amount of the cheque, the accused/respondent No. 1 failed/neglected to meet the said demand. Therefore, a complaint case for an offence punishable under Section 138 of Negotiable Instrument Act was filed by the complainant against the accused. After recording of the verification statement a charge for an offence punishable under Section 138 of Negotiable Instrument Act was framed to which the respondent No. 1 pleaded not g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a friendly loan of ₹ 3,40,000/- to a stranger like the respondent and that too without there being any receipt obtained from the respondent acknowledging the receipt of a friendly loan of ₹ 3,40,000/- by him. The learned Magistrate has found that the evidence of the complainant that although the accused i.e., respondent No. 1 had issued a receipt to him, the original receipt was handed over back by him to the respondent, is not inspiring any confidence. The learned Magistrate has observed that such version of the complainant or the appellant is hard to be believed as nobody would return such a conclusive and direct proof on mere acceptance of confirmation letter which is also not drafted happily. In these circumstances, I do not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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