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TMI Blog2019 (3) TMI 1209X X X X Extracts X X X X X X X X Extracts X X X X ..... cused has taken several grounds, he failed to probabilise his suggestive case. However, for the reasons recorded in the preceding paragraphs, in the absence of any positive evidence to indicate that the accused alone has actually travelled on the date and using the tickets travelled Thakkalay and come back to Thanjavur, the plea of alibi on the date of issuance has not been proved in the manner known to law. The finding of the Lower Appellate Court that the revision petitioner / accused miserably failed to probabilise the suggestive case being well considered and well merited does not warrant any interference by this Court at this revisional stage and accordingly, this Court holds that the revision petitioner / accused having failed to p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suggestive case that was put forwarded by the revision petitioner herein before the Court of trial is that he never borrowed any amount much less the sum of ₹ 1,25,000/- from the complainant. He issued Ex.P.1 signed in a blank form along with 2 other cheques and 2 promissory notes and 6 documents of title of himself to the respondent / private complainant to be utilized by him as securities for raising substantial amount by way of loan for going abroad for his avocation and thus, he had handed over the three cheques including Ex.P.1, two promissory notes and six documents of title only by way of security to be used by the respondent / private complainant and that no consideration is passed under Ex.P.1 as alleged by the respondent / ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 1,25,000/-. However, he stated that he issued Ex.P.1 cheque as a blank cheque along with two other cheques and two promissory notes and six document of title as a security for raising substantial amount of loan for the accused to go to abroad by taking the passport. It is the further case of the accused that since the private complainant has involved in a criminal case, he cannot get passport in his name and therefore, they have arranged for visa under Ex.D.19 in the name of one Manoharan Krishnamoorthy and Ex.D.18 in the name of one Ravikumar Bojapathy so as to go abroad. The said cheque has been misused and the present case has been launched. 7.To substantiate the suggestive case, the accused / revision petitioner examined D.W.2, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oharan Krishnamoorthy. According to the learned counsel appearing for the petitioner, a sum of ₹ 25,000/- has been paid to one travel agent, namely, Martin to get visa and passport in a duplicate name of Ravikumar Bojapathy. Since the private complainant/ respondent has involved in a criminal case at Singapore, he could not get passport. Admittedly, the documentary evidence adduced before the Court cannot lead to the above said conclusion, since no one connected with visa or any other documents are examined or produced before the Court to substantiate the said plea. 11.This Court is unable to affix the seal of approval for the aforesaid contention that he had issued the cheque as security for getting visa and passport in somebody&# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cheque, both the Courts below have rightly come to the conclusion that he is entitled for a presumption under Section 139 of the Negotiable Instruments Act. Though the revision petitioner / accused has taken several grounds, he failed to probabilise his suggestive case. However, for the reasons recorded in the preceding paragraphs, in the absence of any positive evidence to indicate that the accused alone has actually travelled on the date and using the tickets travelled Thakkalay and come back to Thanjavur, the plea of alibi on the date of issuance has not been proved in the manner known to law. 14.The next contention of the learned counsel is that only the cheque has been issued for the purpose of getting passport for the revision ..... X X X X Extracts X X X X X X X X Extracts X X X X
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