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TMI Blog2018 (8) TMI 2072X X X X Extracts X X X X X X X X Extracts X X X X ..... created by Section 139 of the Act of 1881 and should have rejected the defence of the respondent/accused. The learned Magistrate has committed an error by placing the burden on the complainant to show that the transaction in respect of Plot No. 28 had taken place. The learned Magistrate has further committed an error by delving into the genuineness of the transaction in respect of plot No. 28, when the accused had also not denied the transaction and admitted that he had received ₹ 09,00,000/- towards part payment as per the agreement of sale. The impugned judgments are unsustainable - Appeal allowed - decided in favor of appellant. - Criminal Appeal No. 589/2018 With Criminal Appeal No. 588/2018 - - - Dated:- 31-8-2018 - Z.A. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹ 13,60,000/- at the time of execution of the agreement for sale was not correct. As the respondent/accused failed to comply with the requirements of notice and had not paid the amount of cheque in spite of demand by the appellant, two complaints under Section 138 of the Negotiable Instruments Act, 1881 (for short the Act of 1881 ) were filed by the appellant which are decided by the learned Magistrate by the impugned judgment. 4. The learned Magistrate has recorded that the alleged transaction i.e. agreement of sale in respect of Plot No. 28, had not taken place according to the procedure of law and though the documents should have been registered mandatorily, it was not registered. The learned Magistrate further recorded t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the complainant have to be allowed. 8. Hence, the following order:( (i) The judgment passed by the learned Magistrate in SCC No. 19149/2014 on 28th October, 2015 and the judgment passed in SCC No. 17903/2014 on 28th October, 2015 are set aside. (ii) It is held that the respondent/accused is guilty of commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881. (iii) The respondent/accused shall deposit ₹ 15,60,000/- towards fine in SCC No. 17903/2014 till 30th November, 2018. (iv) The respondent/accused shall deposit ₹ 11,60,000/- towards fine in SCC No. 19149/2014 till 30th November, 2018. (v) On deposit of the amount of ₹ 15,60,000/in SCC No. 17903/2014, an amount of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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