9911796707
TMI Blog2022 (7) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 : No appearance in Crl.R.C.No.978 of 2016 ORDER The revision petitioner and the respondents in these two criminal revision petitions are one and the same. The subject matter of the revision petitions is dishonour of cheques purportedly issued by the revision petitioner in favour of the respondents to discharge the loan. 2. The case of the complainant is that, the accused purchased the film HOST for 10% commission basis. The complainant sold the distribution right to one AKR Film Distributors. The accused advanced Rs.1,70,000/- for purchase of that movie and for balance, the accused borrowed from him Rs.4,00,000/- on different dates and gave 4 cheques for Rs.1,00,000/- each. He paid only one lakh and got back one cheque. The remaining ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad relied upon the Guarantee letter dated 09/09/2007 signed by the accused, wherein the liability of Rs.4,00,000/- and issuance of 4 cheques drawn by the accused in favour of the complainant with date and amount mentioned. The witness to this document also examined on behalf of the complainant. 6. The Trial Court while holding that the signatures in the cheques are admitted by the accused and also he admits that it is drawn from the account maintained by him. Therefore, the fundamental burden has been discharged by the complainant and the accused is cast upon the burden to discharge the statutory presumption that the cheque was not issued for legally enforceable debt. For the said purpose, the Trial Court has analysed the Agreement Ex.D-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d knowing his defence, this letter is introduced as a document on the side of the complainant. In this document, prior agreement between the parties referred but not produced. The alignment and spacing of the writing create doubt about its genuineness and gives an impression that, it should have been filled on a blank signed paper so as to adjust the signature made on revenue stamp at the bottom of the paper. Further, the Trial Court observing that while the document appears to be a letter from the accused to the complainant. On the back of the letter, three persons have signed as witnesses. After some unexplained gap, endorsement made above the signature of the accused considering the defence nor in the complaint. In S.T.C.No.219/2009, 2 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aring No.008683 dated 20/12/2007 for Rs.1,00,000/- and cheque bearing No.008684 dated 20.01.2008 for Rs.1,00,000/-. These two cheques were presented for collection on 17/06/2008. Bounced on 18/06/2008. The statutory notice dated 23/06/2008 received by the accused on 25/06/2008.. 12. According to the complaint, all these three cheques were given by the accused in connection with same transaction namely finance advanced in connection with the distribution right of English to Tamil dubbing movie by name HOST. Therefore, except the subject cheques and the respective Bank advice, memo, statutory notice and reply notice, the cause of action for issuance of these three cheques were one and the same and most of the documents are common in both the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the money alleged to have been paid by the complainant was towards the screening right of the film "THE HOST" and for the 10% commission, it is not a loan as alleged in the complaint. The Trial Court for reasons recorded, had held that the alleged letter of guarantee dated 09/09/2007 is shrouded with suspicious and the witnesses contradictory version about its execution render this document unreliable. Shockingly, the Appellate Court has not even examined the documents but mechanically held that the accused is guilty of the offence under Section 138 of Negotiable Instruments Act, in the light of the admission of the signature in the cheques and in view of the letter of guarantee dated 09/09/2007. 17. The perversity in the order of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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