9911796707
TMI Blog2018 (8) TMI 2018X X X X Extracts X X X X X X X X Extracts X X X X ..... ia(in short appellant) against the respondent M/s AVL Leasing & Finance Ltd through its AR Sh. Rajesh Ahuja (in short respondent). 2. The appellant has challenged judgment of conviction dated 26.04.2018 vide which accused was convicted for the offence punishable under section 138 of Negotiable Act, 1881 (in short N.I Act) and also challenging the order on point of sentence dated 12.07.2018 vide w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , West District, Tis Hazari Courts, Delhi (in short Ld. Trial Court). 4. The main grounds taken by appellant while challenging the abovementioned impugned judgment of conviction and order on point of sentence are mainly to the effect that impugned judgment of conviction and order on point of sentence were passed by Ld. Trial Court without appreciating the facts and circumstances of this case prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the facts and circumstances of this case ; that cheques in question were handed over by appellant to the respondent side towards legal enforeable liability and the same were dishonoured when presented for encashment ; that entire facts and material on record were correctly and properly appreciated by Ld. Trial Court before passing impugned judgment of conviction and order on point of sentence; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 138 of NI Act. The appellant did not produce relevant/satisfactory evidence before Ld. Trial Court in support of the fact that he was not responsible towards respondent side for any amount of money qua this matter as per relevant provisions of NI Act. 8. For these reasons, in the considered opinion of this Court, there is no merit in this appeal so as to set aside or modify, to any extent, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this court earlier is hereby withdrawn/cancelled. Both sides are directed to appear before Ld Trial Court on 06.09.2018 to take in further proceedings of this matter as per law. TCR alongwith copy of this order be sent back forthwith to the Ld. Trial Court for information and asking the Ld. Trial Court to proceed further in this matter as per law. 10. The appeal petition file be consigned to reco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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