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Issues involved:
Appeal against acquittal u/s 138 of Negotiable Instruments Act, 1881. Details of the Judgment: 1. The appellant, a Finance Company, filed a complaint against the accused, an architect, for issuing a cheque that was dishonored. The accused claimed the cheque was issued as collateral security, not in discharge of a debt. 2. The trial court acquitted the accused, concluding that the cheque was issued as collateral security, not for a legally enforceable debt, hence no conviction u/s 138 of the Act. 3. The appellant argued that the accused failed to contest the loan statement and took inconsistent defenses, unable to rebut the presumption u/s 139 of the Act. The appellant contended that even if the cheque was security, they were entitled to complete it for payment. 4. The accused argued that the cheque amount exceeded the actual debt, citing a Madras High Court case. They claimed filling the cheque without consent was an alteration, referring to an Andhra Pradesh High Court case. 5. The accused also relied on a Goa High Court decision, interpreting 'debt' in Section 138 to mean the debt existing when the cheque was issued, not later liabilities. 6. The trial court found that the accused had proven the cheque was given as security, consistent in his plea, while the appellant's position was vacillating. The Supreme Court precedent supported the defense that the cheque was issued as security, not for debt discharge. 7. The appellant's claim that the cheque amount was due on the date of issuance was refuted, as the accused did not owe that sum at the time. The appellant's argument that they could fill in the cheque for the existing liability on the issuance date was rejected. 8. The trial court's conclusion was upheld, finding no merit in the appeal, which was dismissed accordingly.
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