TMI Blog2020 (1) TMI 1646X X X X Extracts X X X X X X X X Extracts X X X X ..... prove on record that the cheques in dispute had been issued by the accused to him in discharge of a legally enforceable debt and the accused had also denied the execution of agreement dated 15.04.2008. The complainant himself admitted that the cheques in question had been given by the accused to him for the sake of safe dealing. It is true that if the cheques are used for a certain contract/agreement and not towards discharge of any debt or any other liability, the offence under Section 138 N.I. Act, is not attracted. The case attempted to be built by the complainant, appears to be suffering from fatal infirmities so much so that it goes directly to the root of the case and shakes the very edifice on which the case of the complainant res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent application is allowed and the delay of 634 days in filing the application seeking leave to appeal, Is condoned. CRM-A-1030-MA-2014 4. Special leave to appeal has been sought against the judgment of acquittal passed by the learned Judicial Magistrate 1st Class, Bahadurgarh, while dismissing the complaint under section 138 of the Negotiable Instruments Act, 1881 (for brevity, 'N.I. Act'). 5. Proceedings were initiated on account of dishonour, of cheques, bearing Nos. 517929, 517930, 517931, 517932 and 517933 dated 11.07.2008, amounting to Rs. 5,00,000/- each. 6. The learned trial Magistrate has recorded the following reasons to dismiss the complaint: (i) It is claimed by the complainant that the accused had ente ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cheques in question had been given by the accused to him for the sake of safe dealing. It is true that if the cheques are used for a certain contract/agreement and not towards discharge of any debt or any other liability, the offence under Section 138 N.I. Act, is not attracted. 9. Thus, in view of the totality of the circumstances and the settled position of law, the case attempted to be built by the complainant, appears to be suffering from fatal infirmities so much so that it goes directly to the root of the case and shakes the very edifice on which the case of the complainant rests. It is also relevant to mention here that the criminal conviction entails enigmatic and stigmatic exposures and experiences and, thus, it becomes of p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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