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TMI Blog2024 (4) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... roduce and prove the bill and invoices raised against the accused. He also failed to prove the statement of account despite admitting that he maintains the account statement and the bills regarding supply of material to the accused were entered in the account statement. The view taken of the evidence by the learned Trial Court is a plausible view and no perversity has been pointed out in the same. It is trite law that the scope of interference in an appeal against acquittal is very limited. Unless it is found that the view taken by the Court is impossible or perverse, it is not permissible to interfere with the finding of acquittal. Equally if two views are possible, it is not permissible to set aside an order of acquittal, merely because t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of Rs. 2 lacs, both drawn on Bank of India, Okhla Industrial Estate Branch, New Delhi, in discharge of his liability. 4. The appellant/complainant presented the said two cheques in his bank. The cheque bearing no. 654461 was returned unpaid with remarks refer to drawer and the cheque bearing no. 620794 was returned unpaid with remarks funds insufficient . 5. The appellant issued legal notice dated 04.03.2005 to the respondent through registered post and despite service of the said legal notice, the amount of the cheque was not paid by the respondent, therefore, the complaint under Section 138 of NI Act came to be filed by the appellant against the respondent. 6. Notice was framed in the case and the appellant/complainant produced himself ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the presumption under Section 138 of NI Act will arise. 11. The learned Trial Court noted that the respondent/accused deposed that he himself used to supply material to the complainant against bills and the complainant used to issue cheques to him. He produced the ledger book maintained by him Ex. AW1/1 and also produced reply dated 18.03.2005 Ex. AW1/1 to the legal notice dated 04.03.2005. Even the complainant in his cross-examination admitted that accused used to sell goods to him. Thus, the Court observed that the accused has been able to probabilize his defence. 12. The learned Trial Court also noticed that the complainant/CW1 during his cross-examination admitted that he did not place any bill on record for supply of the material to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cused who used to sell goods to the complainant witness as the complainant has himself admitted during his cross-examination that accused used to sell goods to him. The complainant has failed to produce any bill raised by him for supply of material to the accused. The ledger account Ex.DW1/C1 is a computer printout and is not supported by any certificate U/s. 65B of the Evidence Act. The electronic records are admissible only in terms of Section 65B of the Evidence Act. Either a certificate, as required under sub-section (4) of Section 65B of the Evidence Act is to be produced, or anv witness should testifv that the conditions specified under sub-section of Section 65B of the Evidence Act were met with. ( See Devender Kumar Yadav v. Jagbir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the complainant has failed to prove his case that the cheques Ex .CW1/3 and Ex. CW1/6 were issued in discharge of legally recoverable debt or liability. Accused is acquitted . (emphasis supplied is by the Trial Court) 16. I have examined the evidence with the assistance of the learned counsel for the parties and have also gone to the judgment of the learned Trial Court. There is evidence in the form of ledger book Ex. AW-1/1 which shows the supply of material by the respondents/accused to the complainant. That apart there is also an admission of the complainant in his cross-examination that the accused used to sell goods to the complainant. On the other hand, the complainant failed to produce and prove the bill and invoices raised again ..... X X X X Extracts X X X X X X X X Extracts X X X X
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