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TMI Blog2018 (2) TMI 2115X X X X Extracts X X X X X X X X Extracts X X X X ..... and time of the friendly loan or any documentary evidence of such friendly loan having been advanced to the accused. The complainant-petitioner has failed to make out any case for grant of leave to appeal. The instant petition is, accordingly, dismissed. - Hon'ble Mr. Justice Aparesh Kumar Singh And Hon'ble Mr. Justice Ratnaker Bhengra For the Appellant : M/s Satish Kumar Ughal Tapash Kabiraj, Advocates. For the State : Mr. Anand Kr. Pandey, APP. ORDER Heard learned counsel for the petitioner. 2. In Criminal Appeal No.246 of 2013, learned Principal District Sessions Judge, Singhbhum East, Jamshedpur by the impugned judgment dated 25.07.2017 acquitted the accused/Opposite Party No.2 herein of the charges under Section 138 of the Ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Is Not Valid . Cheque, in question, (Ext.-3), showed that it is a loose cheque though the account number was mentioned and signature was also there but the accused denied his signature. It was held irrelevant as the Bank had not made any endorsement to the fact that the signature of the drawer of the cheque varies. Accused had denied taking any friendly loan. The complainant, on his part during his examination and cross-examination, could not say the date and time of giving of the friendly loan nor produced any document of giving such friendly loan. As per the learned appellate court, cheque should have been issued validly against any legally enforceable debt or liability. If the loan had become time barred then the cheque for such debt, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ired to be shown by the complainant when he clearly alleged that the cheque was in lieu of a friendly loan. The learned appellate court was, therefore, in error in acquitting opposite party no.2 of the charges levelled against him in the wake of such adequate material evidence on record. 6. We have considered the submissions of the learned counsel for the petitioner and perused the impugned judgment of acquittal by the appellate court as also the judgment of the learned trial court. Learned appellate court has been guided by the fact that the endorsement by the Bank clearly indicated that the cheque was not valid. Why the cheque was not valid or valid had to be shown by the complainant through his evidence and/or by examination of the banke ..... X X X X Extracts X X X X X X X X Extracts X X X X
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