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TMI Blog2016 (4) TMI 1471X X X X Extracts X X X X X X X X Extracts X X X X ..... visionist did not adduce any oral as well as documentary evidence in order to rebut the presumptions of Section 118 of Negotiable Instruments Act 1881. Even as per Section 139 of Negotiable Instruments Act 1881 there is presumption in favour of holder of the cheque. Complainant is the holder of the cheque Ext. C-1. Cheque Ext. C-1 is duly signed by revisionist in sound state of mind. Revisionist was major when he signed the cheque. It is held that revisionist had admitted his liability of antecedent debt when revisionist signed the cheque Ext. C-1 placed on record. Under Section 139 of Negotiable Instruments Act 1881 there is legal presumption that cheque was issued for discharging of antecedent liability. Revisionist did not adduce any ora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt convened a Panchayat in which accused acknowledged his liability to repay the loan amount and accused issued cheque No. 0005449 dated 30.10.2008 to the tune of Rs. 1,08,000/- (Rupees one lac eight thousand) in favour of complainant which was payable at Bank of India Branch Panjehra. It is further pleaded that complainant presented the cheque for encashment but the cheque was dishonored on account of insufficient fund. It is further pleaded that thereafter complainant issued demand notice to accused under Section 138 of Negotiable Instruments Act 1881 and notice was sent through registered AD and under postal certificate. It is further pleaded that after receipt of demand notice accused did not pay loan amount. Punishment of accused under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon non appreciation of oral as well as documentary evidence and whether learned Trial Court and learned Appellate Court have committed illegality as mentioned in memorandum of criminal revision petition? 2. Final order. 7. Findings upon point No.1 with reasons: 7.1 CW-1 Kripa Shankar Saran Manager Bank of India Panjehra District Solan H.P. stated that Ext. C-3 is issued by Bank of India. He has stated that statement of accounts of accused is Ext. C-A which is prepared as per Bank Book Evidence Act which is correct as per original record. He has admitted that complainant Jaimal took loan from Bank of India Panjehra Branch. He has stated that accused Hamid Mohammad was guarantor and he has signed many documents as guarantor. 7.2 CW-2 Jaimal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C-4 is demand notice. (v) Ext. C-5 is postal receipt. (vi) Ext. C-6 is UPC. (vii) Ext. C-A is statement of accounts w.e.f. 1.10.2008 to 13.11.2008 relating to accused wherein total balance of Rs. 637/- shown in the name of accused in the bank account. 9. Submission of learned Advocate appearing on behalf of the revisionist that cheque in question was issued to the complainant as security and on this ground criminal revision petition be accepted is rejected being devoid of any force for the reasons hereinafter mentioned. As per Section 138 of Negotiable Instruments Act 1881 if any cheque is issued on account of other liability then provisions of Section 138 of Negotiable Instruments Act 1881 would be attracted. Court has perused original ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here is no material contradiction in the evidence adduced by the complainant which goes to the root of the case. 12. Submission of learned Advocate appearing on behalf of the revisionist that testimony of CW-1 and CW-2 are not sufficient for conviction of the revisionist in the present case is rejected being devoid of any force for the reasons hereinafter mentioned. Court has carefully perused the testimony of CW-1 and CW-2. Testimonies are trustworthy and reliable and inspire confidence of the Court. There are no reasons to disbelieve the testimonies of CW-1 and CW-2. Testimonies of CW-1 and CW-2 are corroborated with documentary evidence i.e. cheque Ext. C-1, registered letter Ext. C-2, cheque return memo Ext. C-3, demand notice Ext. C-4 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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