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TMI Blog2021 (5) TMI 839X X X X Extracts X X X X X X X X Extracts X X X X ..... nnot be stultified. The matter is remanded to the trial court for fresh disposal, after affording opportunity to the parties to adduce fresh evidence, in continuation of the evidence already adduced - Appeal allowed by way of remand. - CRL.A.No.554 OF 2011 - - - Dated:- 3-3-2021 - THE HONOURABLE MR. JUSTICE K.HARIPAL FOR THE PETITIONER : BY ADV. SRI.C.S.MANILAL FOR THE RESPONDENT : SRI. M.S. BREEZE, SR.PP JUDGMENT This is an appeal preferred under Section 378(4) of the Code of Criminal Procedure, hereinafter referred to as the Cr.P.C., challenging the correctness of the judgment of the learned Additional Sessions Judge, Fast Track-II, Palakkad in Crl.A.No.158/2010. 2. The proceedings had originated on a complain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nant. When the accused was examined under Section 313 Cr.P.C. through the counsel, the incriminating materials were denied. There was no evidence in defence. After hearing counsel on both sides, the trial court found the respondent guilty of offence under Section 138 of the Negotiable Instruments Act, convicted and sentenced to undergo simple imprisonment for six months and to pay a fine of ₹ 2,85,000/-, in default to undergo simple imprisonment for four months. On realisation of the fine amount, it was ordered to be given to the complainant as compensation under Section 357(1) of the Cr.P.C. 3. The aforesaid finding was taken in appeal before the Sessions Court, Palakkad. The learned Additional Sessions Judge, after hearing the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the court, clearly reveals the reason for bouncing the cheque. According to him, if a further opportunity is afforded to the appellant, he can very well examine the Manager of the Bank of India, who had issued the cheque return memo. The counsel also pointed out that in the event of remand, the matter is likely to be settled. 6. As noticed from the sequences of events, the trial court had convicted the 1st respondent believing the version of the witness examined on the side of the appellant. Exts.P1 to P7 documents were also considered. It seems that the cheque was sent for collection through the Federal Bank Ltd. and Ext.P2 is only a covering letter of the cheque return memo where reason for dishonour is not shown. From the above, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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