9911796707
TMI Blog2022 (8) TMI 412X X X X Extracts X X X X X X X X Extracts X X X X ..... , at the same time this court is also conscious of the fact that where two views are reasonably possible and the lower court has taken one view, the revisional court should not substitute its own view. The petitioner had admitted having issued the cheque in question to the complainant and also admitted his signature and also admitted that the seal thereon is of his firm. He further admitted having dues on Rs. 96,049/after payment of Rs. 10,000/, on 07.11.2016. He had also admitted having deals with J.S. Pharmaceuticals since 2014, and that he had issued the cheque in question as security to Mr. A.K. Saha, who was the Manager of J.S. Pharmaceuticals. This being the factual position, the petitioner cannot escape from discharging his revers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cientific opinion. 2. The factual background, leading to filing of the present petition, is briefly stated as under: The petitioner is a small businessman and running the business of medical supplies and also medicines in the name and style of M/Ss Barbhuyan Enterprise, situated at Village-Dudhpati, Madhuramukh, Silchar. He used to purchase medicine and other relevant materials from the firm of the respondent who is a whole seller of medicine on cash as well as credit for number of years and payment thereof was made regularly. Thereafter, on 17.03.2017, the petitioner had received one legal notice demanding a sum of Rs. 96,049, with the allegation that the cheque issued by the petitioner was dishonoured. Thereafter the respondent ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner had denied his right to fair trial which is enshrined in Article 21 of the constitution of India. Therefore it is contended to allow the petition by setting aside the impugned order. 4. I have heard Mr. O. Laskar, learned counsel for the petitioner and also heard Mr. T. Deori, learned counsel for the respondent. 5. Mr. Laskar, the learned counsel for the petitioner submits that the petition No. 7172 is filed under section 294 of the Code of Criminal procedure and the same is permissible and it was not filed to fill up lacuna but to rectify the defect. It is further submitted that there was material alteration of the instrument and section 20 and 87 is attracted herein this case, and therefore, it is contended to allow t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3, the list of medicine dumped on the petitioner, (iv) Document No. 4 payment made by the petitioner to the respondent after receipt of demand notice, which he could not submit during time of adducing his defence evidence, on the ground that the petitioner got ample opportunity to exhibit the said documents while two of the D.W. had adduced their evidence, and even if he is allowed to exhibit the document still question persists how the he will do so and merely exhibiting it is not sufficient and the same has to be duly proved, while he made no prayer for recalling the DWs. 9. The contention of the petitioner is that these documents are necessary for proper defence and to bring out the complete picture of the matter. However, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in the year and he issued the same in the year 2014 to one A.K. Saha as security and that material alteration has been done in the said cheque by overwriting the same. But, the learned court below has rejected the same on the ground that the petitioner had admitted in his evidence having been issued the same and also admitted his signature over there and even it is proved during forensic examination that the complainant has filled up the same, the accused cannot escape the onus of reverse burden envisage under the Act. 12. Having perused the documents placed on record, I find that the petitioner had admitted having issued the cheque in question to the complainant and also admitted his signature and also admitted that the seal thereon i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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