2021 (11) TMI 936 - HC - Indian Laws

Dishonor of Cheque - insufficiency of funds - respondent has submitted that the learned appellate judge was right in dismissing the complaint on the ground that the cheques were not issued by the accused as the complainant failed to establish the issuance of cheques and the features of Negotiable Instruments and he is not entitled for presumption therein - HELD THAT - There appears to be contradictions in treating the application filed under Section 45 or 43 of the Indian Evidence Act. The trial court has observed in both the cases that application under Section 43 Indian Evidence Act were filed. However, it is stated that the said applications were filed by the accused. Thus, the learned trial judge mis-read the parties who has filed the application under Section 43 of Indian Evidence Act which was in connection with the proof of the signature. The said application came to be allowed by the learned trial judge in both the cases. But the accused has not taken any steps thereafter. Though the application filed by complainant before the trial court was allowed in each case, he failed to prosecute further either in referring the name of the experts or in depositing the commissioner's fee. However, both the complaints came to be allowed in the circumstances and facts of the case by the trial court. However, the appellate court in the appeals finds that the application filed by complainant in both the cases was not followed by him and not complied with the ingredients of the said Section by naming expert or depositing the amount and allowed the appeal by reversing the judgment passed by the learned trial judge and by acquitting the accused. Thus, if the complainant has filed application and the learned trail judge or learned appellate judge ought to have allowed the matter to see the logical end. Even before mentioning the error of the trial court, the appellate court also should have brought to the notice of the parties regarding the lapses. In this connection, both the learned trial court and appellate court have erred in adopting the hasty approach - matters are to be remanded to the trial court with a direction to the complainant to refer the name of the expert and also deposit the commissioner's fee and the required expenditure within 7 days from the first hearing date before the trial court. Petition allowed by way of remand.

Summary

Issues:
1. Revision petitions against judgment and order passed by the trial judge.
2. Allegations of dishonored cheques and non-payment of lease amount.
3. Conviction under Section 138 of N.I. Act by the trial judge.
4. Acquittal by the appellate court.
5. Discrepancies in handling applications under Indian Evidence Act.
6. Failure to follow through with expert verification.
7. Remand of the cases to the trial court for further proceedings.

Analysis:
1. The complainant filed two complaints regarding dishonored cheques and non-payment of a lease amount against the accused, leading to the trial judge convicting the accused under Section 138 of the Negotiable Instruments Act.
2. The trial court awarded compensation to the complainant, but the appellate court reversed the judgment, acquitted the accused, and directed the return of any deposited amounts.
3. Discrepancies arose in the handling of applications under the Indian Evidence Act, with misidentification of the parties filing the applications, leading to confusion in the legal proceedings.
4. Despite the trial court allowing the applications, the complainant failed to pursue further steps, resulting in the appellate court overturning the judgments due to lack of proper verification of signatures.
5. The appellate court's decision to acquit the accused was based on the complainant's failure to comply with the requirements of expert verification, leading to a remand of the cases to the trial court for proper procedures to be followed.
6. The judgment set aside the appellate court's decisions, remanding the matters to the trial court with directions for the complainant to deposit fees, name an expert for signature verification, and expedite the proceedings.

This detailed analysis covers the key issues involved in the legal judgment, highlighting the progression of events from the trial court's conviction to the appellate court's acquittal and the subsequent remand for further proceedings.