9911796707
TMI Blog2018 (9) TMI 993X X X X Extracts X X X X X X X X Extracts X X X X ..... able one and especially, the respondent/accused given a reply in EX.B6 stating that already he lodged a complaint viz., Ex.B7- Ramanathapuram Police Station. Therefore, the First Appellate Court found that the appellant has not approached the Court with clean hands, before the date of issuance of alleged cheque, there was a dispute between the husband of the respondent and the appellant. The trial Court failed to consider this aspects and accepted the case of the appellant and the first Appellate Court has rightly re-appreciated the entire oral and documentary evidence and found that there is suspicion and held that appellant has not proved his case beyond reasonable doubt and accordingly, set aside the judgment of the trial Court and ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount has to be repaid and as such, the loan was not repaid by the respondent, the appellant complying with the mandates of section 138 of Negotiable Instruments Act, filed the complaint before the trial Court. 3. During trial, on the side of the appellant, the appellant himself was examined as PW.1 and Exs.P1 to P6 were marked. On the side of the respondent/accused, DW.1 and DW.2 were examined and Exs.D1 to D4 documents were marked. After completing trial the trial Court convicted the accused under Section 138 of Negotiable Instruments Act. 4. Feeling aggrieved by the conviction and sentence passed by the learned Magistrate, respondent preferred the Criminal Appeal in C.A.No.58 of 2007 on the file of the Additional Sessions Judge an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , he has marked copy of the promissory note, cheque issued by the respondent and returned memo issued by the respondent's bank to appellant and the legal notice issued by the appellant, the acknowledgement card and reply notice issued by the respondent. On questioning under Section 313 Cr.P.C., the accused denied the evidences. On the side of the respondent, two witnesses were examined and four exhibits were marked viz., copy of receipt dated 03.05.2003, copy of complaint dated 03.05.2003, letter of the respondent addressed to the police dated 06.05.2003 and letter of the appellant addressed to the police dated 06.05.2003. Trial Court, on appreciation of materials before it, convicted the appellant/accused for offence u/s.138 of the Neg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iven. After 21.06.2003, till the date of filing of the complaint, the respondent did not pay any interest but whereas the respondent/accused issued only post dated cheque bearing No.084121 dated 03.09.2003 drawn on Central Bank of India, Coimabatore for a sum of ₹ 1,50,000/- towards settlement of the principal amount. Whereas, for the months of July and August, the respondent/accused has not paid interest. Simply, he issued the cheque only for ₹ 1,50,000/- i.e., principal amount alone and the appellant has presented the cheque on 03.09.2003. According to the appellant, from 21.06.2003 to till the presentation of the cheque dated 03.09.2003 no interest was paid. The evidence of DW.2, husband of the respondent, would go to show ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... viz., Ex.B7- Ramanathapuram Police Station. Therefore, the First Appellate Court found that the appellant has not approached the Court with clean hands, before the date of issuance of alleged cheque, there was a dispute between the husband of the respondent and the appellant. If that be the case, definitely, the respondent would not have executed post dated cheque on 01.08.2003 bearing cheque No.084121 dated 03.09.2003. Therefore, the trial Court failed to consider this aspects and accepted the case of the appellant and the first Appellate Court has rightly re-appreciated the entire oral and documentary evidence and found that there is suspicion and held that appellant has not proved his case beyond reasonable doubt and accordingly, set asi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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