2015 (12) TMI 990

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....leave against the judgment of acquittal dated 13.11.2015 passed by the Additional Chief Judicial Magistrate, Palwal, whereby, the accused-respondent has been acquitted for offence punishable under Section 138 of the Negotiable Instruments Act (for short 'NI Act'). A complaint was filed against the accused-respondent under Section 138 of the NI Act stating therein that the accused borrowed a sum of Rs. 4,25,000/- from the complainant in the month of February 2012 for a period of two months and in discharge of said liability, the accused issued a cheque bearing No.015860 dated 02.05.2012 for Rs. 4,25,000/- from his account in favour of the complainant. At the time of issuance of said cheque, the accused assured the complainant that....

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....rded on 04.08.2014 wherein the accused denied all the allegations levelled against him. In defence, the accused tendered documents i.e., Ex.D1 copy of complaint, Ex.D2 copy of statement of Sandeep and Ex.D3 copy of order passed in case titled as Sandeep vs. Yogesh. On appraisal of evidence available on record and after hearing counsel for the parties, the trial Court dismissed the complaint of the applicant-complainant and the accused was acquitted of the charge levelled against him. Learned counsel for the applicant submits that the trial Court has acquitted the accused without appreciation of evidence available on record. The version of the complainant has not been believed whereas there was sufficient evidence available on recor....

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....y; (d)as to time of transfer; that every transfer of a negotiable instrument was made before its maturity; (e)as to order of indorsements; that the indorsements appearing upon a negotiable instrument were made in the order in which they appear thereon; (f)as to stamp; that a lost promissory note, bill of exchange or cheque was duly stamped ; (g)that holder is a holder in due course; that the holder of a negotiable instrument is a holder in due course: Provided that, where the instrument has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by means of an offence or fraud, or f....