9911796707
TMI Blog2022 (4) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... the complaint must contain all particulars of the alleged transaction in which the disputed cheque was issued - It is found that materials indicative and communicative of the alleged transaction are incorporated in the complaint. Moreover, the accused failed to dispute the source of the complainant to advance the money. The dispute on source of income is found raised for the first time in the revisions on hand. The defence of the accused was that signed cheque was issued as security in a transaction of borrowal of ₹ 5,00,000/- from the complainant. It is pertinent to note that, no evidence was adduced by the accused to discharge the onus of rebutting the presumption by proving on the contrary. During examination under Section 313 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... )(b) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C'). 2. When the above judgments were assailed respectively in Crl. Appeal Nos. 14/2020 and 13/2020, the Additional Court of Sessions, North Paravur by its separate judgments dated 02.12.2021 dismissed the appeals and confirmed the conviction and sentence. Aggrieved thereby the accused, who are husband and wife, are now in revisions. 3. The learned counsel for the revision petitioners has contended that the complainant failed thoroughly to prove execution of the cheques beyond reasonable doubt. According to her, the courts below failed to appreciate the evidence adduced by the defence in the case, properly. According to her, the court below ought not to have reached ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvassed for admitting the revision on the basis of the reasons stated above. 5. This Court has gone into the judgments and contentions raised. The issuance of a signed blank cheque is admitted by the accused. According to him, the entries in Ext. P1 cheque were not filled by him. Accordingly, the accused attempted to draw a distinction between signing a cheque and executing it. It is not necessary that the complaint must contain all particulars of the alleged transaction in which the disputed cheque was issued. 6. Going by the pleadings of the complainant referred to in the judgments in question, it is found that materials indicative and communicative of the alleged transaction are incorporated in the complaint. Moreover, the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e as PW1 describing his pleadings in the complaint in full. The factum that the issues were mediated and settled was established from the oral version of PW2. True that PW2 has no idea about issuance of the post dated cheques following settling of the issues. But, the issuance of a signed cheque is admitted by the accused. According to him, issuance of a signed cheque was as security for a transaction of borrowal of ₹ 5,00,000/- from the complainant. 11. When complainant's case of issuance of cheque towards repayment of a monetary liability outstanding for payment to him is proved by his own uncontroverted oral evidence and also that tendered by PW2, unquestionably the presumption under Section 118(a) and 139 N.I. Act would be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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