9911796707
TMI Blog2012 (3) TMI 674X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the order dated 16.01.2009 passed by Additional Chief Judicial Magistrate No.3, Bikaner, whereby the learned Magistrate has acquitted respondent No.2, Mangilal, for offence under Section 138 of the Negotiable Instruments Act ('the Act', for short). Briefly, the facts of the case are that according to Mr. Choudhary, Mangilal had taken a loan of ₹ 39,000/- for his domestic nee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd documentary evidence, the learned Magistrate had acquitted Mangilal. Hence this appeal before this Court. Mr. Sabir Khan, the learned counsel for the appellant, has contended that the learned Magistrate has acquitted Mangilal ostensibly on the ground that although the Cheque Number was claimed to be 754336, the cheque which was submitted as Ex.1 is numbered as 654336. According to the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rebutted the presumption drawn under Section 139 of the Act. Once the presumption was rebutted, it was the duty of the complainant to establish his case beyond a reasonable doubt. However, the complainant failed to do so. Therefore, the learned Magistrate was certainly justified in acquitting the accused-respondent. Heard the learned counsel for the parties and perused the impugned judgment. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t while the complaint was about a particular cheque, the cheque submitted before the trial Court is different altogether. The learned Magistrate has also noticed the fact that according to the document produced by accusedrespondent, he has proven the fact that the amount of loan given to him was repaid by different cheques, which were encashed by the complainant. Therefore, through the document ..... X X X X Extracts X X X X X X X X Extracts X X X X
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