9911796707
TMI Blog2021 (12) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the account and crystalized form of legal debt or liability is not supported by the material available on record - In fact, with the nature of stand taken before the Magistrate and the manner in which oral and documentary evidence was led on behalf of the applicants, it becomes clear that there is no scope for the applicants to raise such a contention in revisional jurisdiction before this Court. This Court finds that no case for interference is made out on behalf of the applicants in revisional jurisdiction - the revision application is found to be without any merits and it is dismissed. - Criminal Revision Application No. 38 of 2015 - - - Dated:- 25-11-2021 - Manish Pitale, J. For the Appellant : S.M. Singbal, Advocate For the Respondents : S.G. Bhobe, Advocate JUDGMENT 1. By this revision application, the original accused have approached this Court challenging concurrent findings rendered by the two Courts below, holding the applicants guilty of offence under Section 138 of the Negotiable Instruments Act, 1881. While holding that the applicants were guilty of having committed the offence in connection with two cheques of ₹ 2,00,000/- and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on behalf of the respondent and the matter went to trial. The rival parties examined witnesses in support of their respective stands. It appears that the applicants claimed that after the amount to be repaid was settled at ₹ 1,00,000/-, the partners of the respondent were allegedly harassing the partners of the applicants firm and even their families and that in such circumstances, the subject cheques were forcibly got issued from one of the partners of the applicant no. 1. It was further claimed that the signatures of the second partner were forged and that therefore, there was no question of the cheques having been issued in respect of a legal debt or liability. 6. The Magistrate took into consideration the oral and documentary evidence led on behalf of the rival parties. It was found that the presumption that arose in terms of Sections 118 and 139 of the aforesaid Act was not rebutted by the applicants on the touchstone of preponderance of probabilities. Accordingly, it was found that the applicants deserved to be convicted for the offence punishable under Section 138 of the aforesaid Act. Hence, they were sentenced in the aforementioned manner. 7. Aggrieved by the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was supplied, and even if it was to be conceded that the said iron ore was of lower grade, it was an admitted position that the respondent had not returned the said iron ore. In the absence of anything to show that 1500 metric tonnes of iron ore was returned, it was clear that the respondent was certainly liable to pay some amount towards such supply of iron ore, even if it was presumed to be of lower grade. In this context, according to the learned counsel for the applicants, the onus was on the respondent to have given a statement of accounts as to what was the amount due for repayment after adjustment of the admitted amount of iron ore as aforesaid. In the absence of any such material brought on record, there was nothing to ascertain that there was any ascertainable form of legal debt or liability, which could be relatable to the subject cheques allegedly issued by the applicants. According to the learned counsel for the applicants, this was a crucial aspect of the matter which the Courts below failed to appreciate. On this basis, it was submitted that the impugned judgments and orders deserved to be set aside. The learned counsel for the applicants placed reliance on judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be raised before the Magistrate on the part of the applicants did not leave any scope for them to raise the aforesaid contention. It was submitted that the stated case of the applicants before the Magistrate was that they were not at all liable to make any payment of the amount advanced by the respondent and that there was a final settlement by payment of ₹ 1, 00,000/- to the respondent. It was then claimed that subject cheques had been forcibly taken from one of the partners of the applicants and that signatures of the second partner were forged. The cross-examination of witnesses of the respondents, as well as the evidence led in defence on behalf of the applicants, was on these lines. On this basis, it was submitted that there was no substratum for the applicants to raise the aforesaid contention. In any case, the Magistrate found on proper analysis of oral and documentary evidence on record that even the said defence sought to be raised on behalf of the applicants was not supported by the material on record. On this basis, it was submitted that the revision application deserved to be dismissed. The learned counsel appearing for the respondent relied upon the judgment of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of the respondent was accepted that the said supply on the second occasion was dumping of the material on some other property, which had no concern with the respondent. This finding has been confirmed by the Sessions Court while dismissing the appeal. This Court does not find any reason to take any other view in the matter. 19. Therefore, the material on record indicates that the applicants supplied 1500 metric tonnes of iron ore to the respondent. It was claimed by the respondent that iron ore was of a lower grade and therefore, it was entitled to repayment of the amount advanced to the applicants for the supply of iron ore. The assertion of the respondent that the iron ore was of lower grade is sought to be disputed by the applicants by referring to the terms of the contract and claiming that even the analysis of the iron ore purportedly undertaken by the respondent was in violation of the terms of the contract. But, at this stage, it is significant to note that the applicants never raised any dispute in this regard either by invoking the arbitration clause or otherwise by initiating any civil proceedings against the respondent in that regard. 20. The defence of the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ross examination of the witnesses of the respondent and the manner in which defence evidence was led by examining witnesses, it becomes clear that the material brought on record fell way short of rebutting the presumption that operated against the applicants. The elaborate submissions sought to be made before this Court on behalf the applicants on the aspect of the alleged failure of the respondent to give details of the account and crystalized form of legal debt or liability is not supported by the material available on record. In fact, with the nature of stand taken before the Magistrate and the manner in which oral and documentary evidence was led on behalf of the applicants, it becomes clear that there is no scope for the applicants to raise such a contention in revisional jurisdiction before this Court. 24. Even otherwise, since it was the respondent who had admittedly paid the amount of ₹ 12,70,000/- to the applicants and even according to the applicants the question as regards repayment had arisen in the backdrop of the dispute between the parties, it was for the applicants to show that the liability had been satisfied. No efforts were made on behalf of the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
