TaxTMI 
TaxTMI 
TaxTMI 
2007 (10) TMI 551
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....nced various sums on the following terms: On 31-1-94 a sum of Rs. One lakh; on 8-6-94, Rs. 86,000/-; on 12-6-94, Rs. 28,000/-; on 23-4-95, Rs. 50,000/- on 18-6-95, Rs. 40,000/- and on 7-8-95, Rs. 12,000/-. 6. Defence of the appellant, on the other hand, was that he had issued blank cheques for the purpose of purchase of spare parts, tyres, etc. in connection with the business of transport services run in the name of his brother. The blank cheques used to be returned by the sellers of spare parts, etc. when the amounts were paid. According to the appellant, the complainant lifted the impugned cheque book put in the bag and kept in his shop. Appellant in support of his case examined the Bank Manager of the Bank concerned. 7. The learned Trial Judge upon analyzing the materials brought on records inter alia held: (i) The complainant himself who had not sufficient funds and used to borrow the same from his brothers, father and others failed to show that he had any financial capacity to advance such a huge amount. (ii) As all the transactions were admittedly recorded by him in a diary which having not been produced, an ad....
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....arts, tyres, etc. The above are matters that he could have adduced independent evidence in support. But he has declined to do so (ii) No adverse interference could have been drawn by the Trial Court only because the purported diary was not produced. (iii) The finding of the Trial Judge that it was difficult to believe that the complainant has advanced diverse amounts without any stipulation as to interest is not supported by any evidence. Although, ordinarily a judgment of acquittal should not be reversed when two views are possible, the High Court opined that the Trial Judge had proceeded and adjudged the evidence on an incorrect premise that it was for the complainant to establish the details of the transaction. The High Court recorded a judgment of conviction and sentenced the appellant to undergo imprisonment till the rising of the court and to pay a sum of Rs. 3,16,000/- by way of compensation. 9. Appellant is, thus, before us. 10. Mr. Ramesh Babu M.R., learned counsel appearing on behalf of the appellant, would submit that the High Court committed a manifest error in reversing the judgment of acquittal passed by the learned Trial Judge completely on a wrong premise ina....
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....aking any attempt to realize the amount, is said to have advanced sums of Rs. 86,000/- on 8.06.1994. Likewise he continued to advance diverse sums of Rs. 28,000/-, Rs. 50,000/-, Rs. 40,000/- and Rs. 12,000/- on subsequent dates. It is not a case where the appellant paid any amount to the respondent towards repayment of loan. He even did not charge any interest. He had also not proved that there had been any commercial or business transactions between himself and the appellant. Whey the appellant required so much amount and why he alone had been making payments of such large sums of money to the appellant has not been disclosed. According to him, he had been maintaining a diary. A contemporaneous document which was in existence as per the admission of the complainant, therefore, was required to be brought on records. He failed to do so. He also did not examine his father and brothers to show that they were men of means and in fact advanced a huge sum to him only for the purpose of grant of loan by him to the appellant. The learned Trial Court not only recorded the inconsistent stand taken by the complainant in regard to the persons from whom he had allegedly borrowed the amount, it ....
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....negotiable instruments under Section 118(a) of the Act as also under Section 139 thereof. The said presumptions are rebuttable ones. Whether presumption stood rebutted or not would depend upon the facts and circumstances of each case. The nature and extent of such presumption came up for consideration before this Court in M.S. Narayana Menon Alias Mani V. State of Kerala and Anr. [(2006) 6 SCC 39] wherein it was held : 30. Applying the said definitions of proved or disproved to the principle behind Section 118(a) of the Act, the court shall presume a negotiable instrument to be for consideration unless and until after considering the matter before it, it either believes that the consideration does not exist or considers the non-existence of the consideration so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that the consideration dos not exist. For rebutting such presumption, what is needed is to raise a probable defence. Even for the said purpose, the evidence adduced on behalf of the complainant could be relied upon. This Court clearly laid down the law that sta....