Negotiable Instruments Act, 1881, Section 138—Cheque dishonour—Offence under—Conviction recorded by trial court—Reversed by appellate court—The signatures are admitted to be the signatures of the accused—The accused himself has stated that those two cheques were given by him to the complainant—The accused averred that those two cheques were given to the complainant when he was running a chit business—The same was not denied from the complainant's side—The accused has successfully rebutted the presumption u/s 139 of Act—No reason to interfere in the judgment by appellate court— Appeal is dismissed.(Paras 16, 17, 21, 22) ...
Negotiable Instruments Act, 1881, Section 138—Cheque dishonour—Conviction recorded by trial court—Affirmed by appellate court—Revision against—Plea of lost cheque—The accused had received the notice but did not send any reply—he had not really borrowed money from the complainant and if he had not issued cheque in discharge of that liability, he would have definitely sent a reply to the notice—The silence on receiving the statutory notice from the complainant indicates that the plea raised by the accused is not true—No illegality, impropriety or perversity in the appreciation of evidence and the concurrent findings—The revision petition is dismissed. (Para 15) ...
I.P.C.,1860, Ss. 302/32 and 498, — A/34, — Appellant is sister— in— law of victim's husband — Convicted by trial court — Conviction affirmed by High Court — Held, a perusal of oral evidence of the parents of the deceased, only minor, vague and cryptic allegations are made, out against appellant — No specific allegation in respect of demand of dowry or harassment in any manner — Session court and High Court are not justified in convicting her even for the offence of section 498— A, of I.P.C. — Appellant be released forthwith, if not required in any other case. ...