9911796707
TMI Blog2018 (9) TMI 1284X X X X Extracts X X X X X X X X Extracts X X X X ..... grossly fallacious; (a) the complainant, in his testification, comprised, in his examination-in-chief, rendering clear echoings, vis-a-vis, accused No.1, visiting his commercial establishment, located at Parwanoo, and, his thereat supplying electrical items, to him; (b) his making an apposite entry in his apt register(s); (c) the dishonoured negotiable instruments, respectively, borne in Ex.CW1/A, and, in Ex.CW1/B, being signatured, in his presence by the accused. The learned trial Court, merely, upon anvil, of reflections, borne, in Ex.DW2/A, and, in Ex.DW2/B, proceeded, to record, an order of acquittal upon the accused. However, the placing, of, reliance thereon, is, grossly inappropriate - this Court holds that the learned trial Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ical goods and as per orders the complainant sold the items to the accused. It is also alleged that in order to discharge part of the liability being the price of items purchased, accused had issued two cheques, one bearing No.957286 of 10.1.2006 for a sum of ₹ 15,000/- and the other bearing No.957287 of 29.11.2006 for a sum of ₹ 20,000/-, in favour of the complainant drawn on State Bank of India, Jubbal. It is alleged that the accused had assured the complainant that the cheques would be encahsed as and when presented. Further, it is alleged that the complainant, had presented the cheques through its banker i.e. The Parwanoo Urban Co-operative Bank, Sector-1, Parwanoo but the same were returned as unpaid on the ground Exceeds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs of acquittal recorded by the learned trial Court, standing not, based on a proper appreciation of the evidence on record, rather, theirs standing sequelled by gross misappreciation of the material on record. Hence, he contends qua the findings of acquittal, warranting reversal, by this Court in the exercise of its appellate jurisdiction, and, theirs standing replaced by findings of conviction. 6. On the other hand, the learned counsel appearing for the accused/respondent herein, has, with considerable force and vigour, also contended qua the findings of acquittal recorded by the learned trial Court rather standing based on a mature and balanced appreciation, by it, of the evidence on record, and, theirs not necessitating any interfere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hief, qua, Ex.CW1/A and Ex. CW1/B being sigantured by the accused in their presence. The absence of meteing, of, afore suggestions, to both, by the learned defence counsel, while holding, each to cross-examination, hence, render their apt echoings, qua, the accused signaturing Ex.CW1/A and Ex.CW1/B, in their presence, and, thereafter his handing over, to the complainant, the afore exhibits, rather being construable to be credible, wherefrom, hence, a further inference is bolstered, especially when the accused, does not, deny his signatures borne on Ex.CW1/A, and, on Ex. CW1/B, qua the afore exhibits hence holding his authentic signatures; (e) the absence, of, the accused, to, bely the entries, testified by CW-1, to be made by him, in the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Deepak Aukta, (iii) thereupon, contrary therewith reflections, if any, borne in Ex.DW2/A, and, in Ex.DW2/B, are, insignificant, nor it was appropriate for the learned trial Court, rather to discard, the, probative worth of the afore testification, of DW-1, as, occurring in his crossexamination. 10. For the reasons which have been recorded hereinabove, this Court holds that the learned trial Court has not appraised the entire evidence on record in a wholesome and harmonious manner, apart therefrom, the analysis of the material on record by the learned trial Court, suffers, from, a gross perversity or absurdity of mis-appreciation and non appreciation of evidence on record. 13. Consequently, the instant appeal is allowed and the judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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