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TMI Blog2020 (3) TMI 515X X X X Extracts X X X X X X X X Extracts X X X X ..... s complainant's case that accused finally gave a cheque dated 19th April 1997 which cheque when deposited was dishonoured. This is the case that complainant has gone to the Court with. 4. Complainant issued notice on 28th April 1997 under Section 138 of the said Act to which a reply was given by accused on 20th May 1997 denying liability. Hence, the complaint was filed. Process was issued. Accused pleaded not guilty and claimed to be tried. 5. Prosecution to prove its case, led evidence of 4 witnesses. Defence led evidence of 2 witnesses, including the son of accused. It is the case of the defence that complainant and his brothers promised accused/his son (DW-2) of agency of Mahanagar Gas for which a security deposit had to be given. DW-2 expressed his inability to raise funds for security deposit and complainant agreed to give Mahanagar Gas the security deposit on an understanding that 60% of the profit will be given to complainant. On 29th September 1995, DW-2 was called to the house of complainant from where he was taken to Sangli Urban Co-operative Bank, Industrial Estate, Branch Sangli, where complainant's nephew Subhash Mane (PW-4) obtained a demand draft for Rs. 85,335/- i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... instances arise in which the appellate court would have "very substantial and compelling reasons" to discard the trial court's decision. "Very substantial and compelling reasons" exist when: i) The trial court's conclusion with regard to the facts is palpably wrong; ii) The trial court's decision was based on an erroneous view of law; iii) The trial court's judgment is likely to result in "grave miscarriage of justice"; iv) The entire approach of the trial court in dealing with the evidence was patently illegal; v) The trial court's judgment was manifestly unjust and unreasonable; vi) The trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declarations/ report of the Ballistic expert, etc. vii) This list is intended to be illustrative, not exhaustive. 2. The Appellate Court must always give proper weight and consideration to the findings of the trial court. 3. If two reasonable views can be reached - one that leads to acquittal, the other to conviction - the High Courts/appellate courts must rule in favour of the accused. The Apex Court in many other judgments including Murlidhar & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... signed by Subhash Jagannath Mane, who is the son of PW-1. Ms. Suvarnakar states that the signature was of Subhash Dyandeo Mane (PW-4). Even the promissory note relied upon by complainant refers to the gas agency. The reply to the notice sent by accused contains all these points, but complainant is silent about that in the complaint and only says accused wrongfully denied liability. Therefore, it is quite clear that there was no money given in the hand of accused because accused was in need of money but this was towards security deposit for taking the gas agency from MOCL. There is no explanation whatsoever in the complaint as well as in the notice as to how the cheque, which is dated 14th September 1997, finds a mention in a bond dated 29th September 1995. On the contrary, the stand taken in the complaint is repayment cheque no.115796 for Rs. 90,000/- was given on 14th September 1997, which is an incorrect statement. 9. Ms. Pratap also submitted that even though under Section 139 of the said Act, there is a presumption that the cheque was for the discharge of a debt or other liability, that is a rebuttable presumption and the standard of proof for rebuttable presumption is that o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be strongly discouraged, well before the filing of false affidavits gets to be treated as a routine and normal affair. 12. Kuldip Singh, J. (as he then was) in S.P. Chengalvaraya Naidu (Supra) in paragraph 5 observed : "5. ................ We are constrained to say that more often than not, process of the Court is being abused. Property- grabbers, tax evaders, bank loandodgers and other unscrupulous persons from all walks of life find the Court process a convenient lever to retain the illegal gains indefinitely. We have no hesitation to say that a person, who's case is based on falsehood, has no right to approach the Court. He can be summarily thrown out at any stage of the litigation." 13 In Oswal Fats and Oils Limited V/s. Additional Commissioner (Administrator), Bareilly Division, Bareilly (2010) 4 SCC 728, the Apex Court followed the same principal that if a person is found guilty of concealment of material facts or making an attempt to pollute the pure stream of justice, the Court not only has the right but a duty to deny relief to such person. 14. In Dalip Singh V/s. State of Uttar Pradesh and Ors. (2010) 2 SCC 114, the Court bemoaned that a new creed of l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. Any person who makes attempt to deceive Court, interferes with administration of justice can be held guilty of contempt of Court. Anyone who takes recourse to fraud, deflects the course of judicial proceedings or if anything done with oblique motive or any publication with intent to deceive Court or made with intention to defraud, same is contempt as it would interfere with administration of justice. Concealment of material facts is jugglery, manipulation, manoeuvring or misrepresentation, which has no place in equitable and prerogative jurisdiction. On facts of that case, notice was issued to petitioner in suo motu exercise of power as to why action for contempt be not initiated and appropriate direction be not passed under Section 195 (1) (a) (i) of Code of Criminal Procedure. In our case, as the matter is very old, I am not taking any further action against complainant. 16. There is an acquittal and therefore, there is double presumption in favour of accused. Firstly, the presumption of innocence available to accused under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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