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TMI Blog2019 (9) TMI 391X X X X Extracts X X X X X X X X Extracts X X X X ..... orne in Ext. CW1/C, and, in Ext.CW1/D. 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 appellate Court, suffers, from a gross perversity or absurdity of mis-appreciation, and, non-appreciation, of, evidence on record. Appeal allowed - The accused/respondent be produced before this Court, for his being heard on quantum of sentence, on 26.8.2019. - Cr. Appeal No.496 of 2018 - - - Dated:- 13-8-2019 - Mr. Justice Sureshwar Thakur, Judge. For the Appellant : Mr. B.N. Sharma, Advocate. For the Respondent : Mr. Y.P. S. Dhaulta, Advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt by the complainant to the accused on 7.10.2015, requesting the accused to make payment of ₹ 5,00,000/- which notice was sent through RAD to the accused vide postal receipt and the same was served upon the accused on 13.10.2015. However, despite service of notice, the accused failed to make payment mentioned in the notice within the stipulated period, i.e. 15 days from the date of receipt of notice. Hence, the present complaint was filed against the accused. 3. On perusing the preliminary evidence, adduced by the complainant, the learned trial Court, took cognizance, against the accused, and, the accused was summoned. Notice of accusation, was put, to the accused, qua commission of an offence, under, Section 138 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not necessitating interference, rather theirs meriting vindication. 7. This Court with the able assistance, of, the learned counsel(s) on either side, has, with studied care and incision, evaluated the entire evidence, on, record. 8. Cheque embodied in Ext. CW1/B,upon its presentation before the Bank concerned, hence for want of sufficient funds, thereat occurring, in, the accounts, of, the respondent, stood declined, to be honoured. The memos, issued by the Bank concerned, making, the requisite echoing(s), vis- -vis, Ext. CW1/B, upon its presentation therebefore, it being declined to be honoured, for, wants thereat, of, sufficient funds, being borne, in the accounts, of, the respondent/accused, are respe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rough, the statutory presumption, embodied, in Section 139 of the Negotiable Instrument Act, provisions whereof stand extracted hereinafter: 139. Presumption in favour of holder : It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability. the complainant hence being concluded, to be, obviously validly holding Ext. CW1/B, (d), and, also his being therefrom statutorily enabled, to, make a further espousal, qua the amount borne therein, being workable towards discharging(s), of, legally enforceable debts or liabilities, (e) thereupon it was imperative ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ass, was enjoined, to, make an, order of conviction, upon, the respondent/accused. Contrarily, the learned Magistrate, has not meted, the, apposite and, requisite deferments, qua the afore evidence existing, on record, rather has proceeded, to, on mere fallacious, and, pretextual reasons, make an order of acquittal, upon, the respondent/accused, and, the afore order, is, anvilled, upon (l) in contemporaneity, vis- -vis, Ext. CW1/B, no scribed documents being prepared, (m) hence, it, begetting a conclusion qua Ext.CW1/B, being not issued towards discharging(s), of any legally enforceable debt, or any contractual liability, interse the complainant and, the respondent/accused, (n) and obviously, therefrom it has made, a conclusion, that the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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