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TMI Blog2012 (6) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... regard to these documents. It is also in his evidence that he does not know whether the respondent signed the cheque in his presence and he does not know who filled up the cheque. This is a piece of evidence to infer that the loan transaction may not be true. This Court is of the considered view that the loan transaction, as pleaded by the appellant is not true. There is no infirmity factually in the judgment rendered by the trial court and it does not warrant any interference and the same deserves to be confirmed and it is accordingly confirmed. The appeal is devoid of merits. - CRL.A.No.1326 OF 2003 - - - Dated:- 14-6-2012 - THE HONOURABLE MR. JUSTICE S.PALANIVELU JUDGMENT Complainant is the appellant in this appeal. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent to the appellant. Hence, the appellant is before this Court with this appeal. 4. The point for consideration is, whether the respondent has issued the cheque to the appellant on 20.09.1999 on borrowing ₹ 1 lakh and whether there was a legally recoverable debt ? Point:- 4[a] Ex.P1 is the cheque drawn on Punjab National Bank dated 20.09.1999 purported to have been issued by the respondent/appellant on receipt of ₹ 1 lakh. Ex.P2 is the intimation from the said Bank stating that the cheque is referred to drawer. The appellant had deposited the cheque with Corporation Bank which is his Bank and in turn the said Bank sent the same to Punjab National Bank for collection. Ex.P4 is the copy of the Advocate's not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed receipt of the letter and the reference in Ex.D1 (copy of the ledger extract) should have been genuine. In this regard, it is held that the respondent had already intimated the fact of missing of cheque to his Banker. 4[d] Much was said about the presence of entry in the accounts maintained by the appellant for the purpose of income tax with regard to the cheque loan. In this regard, PW1, the complainant would depose that in the statement of account ending with 31.03.2000, he has given the particulars with regard to the loan to his Auditor. Again he reiterated the same evidence in his cross examination. But he has not produced the income tax return to the Court. It is observed by the learned Judicial Magistrate in the judgment that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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