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TMI Blog2022 (5) TMI 463X X X X Extracts X X X X X X X X Extracts X X X X ..... .P5). PW1 not able to give details of transaction. On the other hand, he categorically confirmed that it is only Ravi, Director of the respondent company, would be the right person to give answer for the cheque and its liability. But, in this case, the said Ravi not examined as witness by the respondent company. It is not necessary, in each case, the accused has to get into the box under Section 315 Cr.P.C., and give explanation. From the available materials and by way of cross examination, the accused is only to probablize his defence and disprove his liability. In this case, the petitioner had rebutted by raising probable defence about the existence of a legally enforceable debt or liability. The same was rightly considered by the tria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sentence, the present Criminal Revision has been filed by the petitioner/accused. 2.The gist of the case is that the respondent engaged in the business of Satellite Television Broadcast and they broadcast various programs and also cinematography films in Tamil language. The main source of revenue for the respondent is through telecasting serials, advertisements, hiring slots to develop their business and from the cable operators. The petitioner hired slots for developing his business. During the course of the above said business, the petitioner issued a cheque (Ex.P2) bearing No.519210, dated 21.09.2008 for Rs.1,13,500/-, drawn on Indian Bank, South Usman Road, Branch, Chennai. When the cheque was presented for encashment in Canara Bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Director of the respondent company, who would be aware of all the particulars and the transaction. Despite the same, the respondent failed to examine the said Ravi as witness during trial. Finding that the respondent is unable to give any particulars about the transaction between the petitioner and the respondent and liability, the trial Court acquitted the the petitioner vide judgment, dated 09.08.2016. 5.The learned counsel further submitted the petitioner was having a business with the respondent earlier, at that time, the petitioner gave cheque (Ex.P2) as security, which was misused by the respondent. As regards the earlier programme, the said programme was directly handled by Ravi for hiring slots. PW1 admitted that the said Ravi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anation and adduce evidence. Hence, he prayed for setting aside the judgment of the lower appellate Court and confirming the judgment of the trial Court. 6.The learned counsel for the respondent submitted that the petitioner not denied the issuance of cheque (Ex.P2) and his signature. In this case, the petitioner failed to enter into the box, give explanation in this regard. It was not even suggested to PW1 that there is no transaction and the earlier liability was discharged by the petitioner. Further, the petitioner has not produced any evidence to show how he discharged the earlier liability and has no due with the respondent. The statutory notice, dated 13.02.2009 (Ex.P5) was returned, no reply was given. On the other hand, for the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he available materials and by way of cross examination, the accused is only to probablize his defence and disprove his liability. In this case, the petitioner had rebutted by raising probable defence about the existence of a legally enforceable debt or liability. The same was rightly considered by the trial Court in its judgment, dated 09.08.2016 and the same is hereby confirmed. 10.The lower appellate Court finding that the presumption under section 139 of the Negotiable Instruments Act, not rebutted, wrongly convicted and sentenced the petitioner, which needs interference of this Court. Hence, the judgment of the lower appellate Court in C.A.No.9 of 2017, dated 11.08.2017 is set aside. The petitioner is acquitted of all charges framed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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