9911796707
TMI Blog2021 (11) TMI 939X X X X Extracts X X X X X X X X Extracts X X X X ..... m the said Babla has been produced nor there is any proof much less in writing, to even remotely show that any such loan was repaid. Both the Courts below have observed that the defence raised by the petitioner seems to be an afterthought inasmuch as once the alleged loan which was taken from Babla was returned, even then nothing in writing had been taken from the said Babla, clarifying that the cheque which was allegedly issued as a security cheque was not traceable and the amount was being returned - the defence sought to be put forth did not inspire confidence of both the Courts below. In the present case, it is not even remotely shown that the cheque in question which has been admittedly signed by the petitioner was issued as a secur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Rigorous imprisonment for a period of ten months and compensation equivalent the cheque amount alongwith 12% interest, per annum from the date of transaction till the actual realisation + SI of three months in default of compensation. However, the payment of compensation shall be subject to result of appeal and revision, if any, preferred by the convict. Period of detention already undergone by the convict, if any, shall be set of against substantive sentence of imprisonment. File be consigned to the record room after completing it in all respects. Challenge has also been made to the judgment 31.01.2020 passed by the Additional Sessions Judge, Patiala, vide which the appeal preferred by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said judgment, the petitioner had filed an appeal in the Court of Additional Sessions Judge, Patiala, who after considering the entire material on record including the evidence and the documents produced and after re-appreciating the same, dismissed the appeal of the petitioner. It is against the said order that the petitioner has filed the present criminal revision petition. Learned counsel for the petitioner has submitted that in the present case, it was the relative of the complainant i.e. Babla, who is a money lender and the petitioner's son had taken a loan from Babla and had given one blank signed cheque to him as security to that loan. It is further argued that the petitioner's son had repaid the amount taken by him fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lleged misuse of the same. It was also found that evidence of DW1, is contrary to the version given by the petitioner in the statement under Section 313 of Cr.P.C. inasmuch as per the evidence of DW1, who is son of the petitioner, the petitioner had given two blank cheques whereas as per the statement under Section 313 of Cr.P.C., it had been stated that the petitioner had given one blank signed cheque as security cheque. Thus, the defence sought to be put forth did not inspire confidence of both the Courts below. This Court has also considered the plea of the petitioner and the defence sought to be raised in order to rebut the presumption, does not inspire any confidence and has thus, rightly been rejected by both the Courts below. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity cheque is not only a deterrent for the drawer against dishonoring his financial commitment but can also be legally and validly utilized towards the discharging of the liability of the Drawer. It cannot by any stretch be argued that a security cheque is not handed over or issued in pursuance of any undischarged liability. To hold so would defeat the whole purpose of a security cheque. In the considered opinion of the Court, a security cheque is an acknowledgment of liability on the part of the drawer that the cheque holder may use the security cheque as an alternate mode of discharging his/its liability. Thus the argument of the learned counsel for the petitioner that on dishonouring of a security cheque no offence punishable under sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
