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TMI Blog2021 (12) TMI 895X X X X Extracts X X X X X X X X Extracts X X X X ..... rference - Petition dismissed. - CRMP No. 1312 of 2021 - - - Dated:- 8-12-2021 - Deepak Kumar Tiwari, J. For the Petitioner : Mr. Nitesh Jain, Advocate For the Respondent : None ORDER 1. The instant CRMP has been preferred for grant of special leave to appeal against the judgment dated 07/08/2021 passed by the learned JMFC in Criminal Case No. 1472/2017, whereby the learned trial Court has acquitted the respondent from the charges framed under Section 138 of the Negotiable Instrument Act. 2. Brief facts of the case are that the complainant and the respondent are acquainted with each other since 2004. On the request of respondent/accused the complainant had given his shop to him for the purpose of business. In the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Negotiable Instruments Act, 1881, therefore, the order of acquittal passed by the trial Court requires to be interfered. 5. I have heard counsel for the petitioner and perused the case. 6. Complainant Narendra Kumar Sharma admitted in para 16 of his cross-examination that he had not mentioned the date and month on which the amount of loan had been given to the accused in the notice. In the notice (Ex. P-3), it has been stated that the accused had taken loan of ₹ 6 lakhs for his business requirement and given three different cheques. Neither in the complaint nor in the examination-in-chief of the complainant, he stated about the date on which the loan was given to the accused. He stated in the complaint that in the year 2004 accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is clear that bare denial of the passing of the consideration and existence of debt, apparently would not serve the purpose of the accused. Something which is probable has to be brought on record for getting the burden of proof shifted to the complainant. To disprove the presumptions, the accused should bring on record such facts and circumstances, upon consideration of which, the court may either believe that the consideration and debt did not exist or their non-existence was so probable that a prudent man would under the circumstances of the case, act upon the plea that they did not exist. Apart from adducing direct evidence to prove that the note in question was not supported by consideration or that he had not incurred any debt or l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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