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TMI Blog2019 (4) TMI 2088X X X X Extracts X X X X X X X X Extracts X X X X ..... om, the bank concerned. The complainant may, upon, recoursing to an appropriate remedy, cast under the provisions of Section 45 of the Indian Evidence Act, rather could there through strive to prove the afore cheque, borne in Ex.CW1/A, carrying the authentic signatures of the accused, (a) and, thereafter it, was permissible for the complainant, to rely upon the statutory provisions, cast under the provisions of Section 139 of the Negotiable Instruments Act, qua his holding it in discharge, of, a contractual or other legal liabilities, arising inter se him, and, the accused. Nonetheless, dehors, the afore curative recoursings, for, hence, dispelling, the, effect, of Ex.CW1/A, rather being feigned, in the testification rendered hence by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 of 2014/05. 2. The facts relevant to decide the instant case are that in September, 2004, the accused offered to purchase apple from the complainant, who readily agreed as the accused was offering a good rate. The accused assessed the gross, value of the apple crop at Rs.6,00,000/-, and, issued a post dated cheque No. 968127 of 1.10.2004, drawn on ICICI Bank, Shimla in favour of the complainant. The accused requested him to present this cheque for ecashment in December, 2004. The complainant contacted the accused on telephone before presentation of the cheque. The accused assured that the cheque would be cleared on its presentation. Accordingly, the complainant presented the cehque issued by the accused before the ICICI Bank, Shimla on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appreciation, by it, of the evidence on record, rather, theirs standing sequelled by gross mis- appreciation by it, of the material on record. Hence, he contends qua the findings of acquittal warranting reversal by this Court in the exercise of its appellate jurisdiction, and, theirs standing replaced by findings of conviction. 6. On the other hand, the learned counsel appearing for the accused/respondent herein, has with considerable force and vigour, contended qua the findings of acquittal recorded by the learned trial court, rather standing based on a mature and balanced appreciation by it, of the evidence on record, and, theirs not necessitating any interference, rather theirs meriting vindication. 7. The charge against the accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the provisions of Section 45 of the Indian Evidence Act, rather could there through strive to prove the afore cheque, borne in Ex.CW1/A, carrying the authentic signatures of the accused, (a) and, thereafter it, was permissible for the complainant, to rely upon the statutory provisions, cast under the provisions of Section 139 of the Negotiable Instruments Act, qua his holding it in discharge, of, a contractual or other legal liabilities, arising inter se him, and, the accused. Nonetheless, dehors, the afore curative recoursings, for, hence, dispelling, the, effect, of Ex.CW1/A, rather being feigned, in the testification rendered hence by the complainant, to, hence assuredly contain the signatures of the accused, also, the mandate of, Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I) AND, with one Naresh Kumar, Accounts Officer from ICICI Bank, The Mall Shimla, upon, his stepping into the witness box, rather showing his inability to bring the original of Ex.CW1/B, given, it not being traceable in the apposite records, (ii) and, when only on production, of the original in Court of EX. CW1/B, and, evident existence thereon, of the afore statutorily mandated requirements, of it, hence carrying the official mark or seal of the bank concerned, would, hence enable, the, marshalling, of, the statutory presumption qua the apposite cheque being declined, to be honoured, to, rather hold the fullest conclusivity or sway, (iii) besides it would benumb any endeavour of the defence, to rely, upon the afore statutory coinage, occur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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