2016 (1) TMI 139

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....dated 25.05.2015 passed by learned Judicial Magistrate Ist Class, Sri Muktsar Sahib, whereby the accused-respondent was acquitted. It is mainly stated in the application that accompanying appeal is likely to succeed on the grounds taken therein. It is further stated that vide impugned judgment dated 25.05.2015, learned JMIC, Sri Muktsar Sahib acquitted the accused-respondent in a complaint instituted under Section 138 of the Negotiable Instruments Act. I have heard learned counsel for the applicant and have gone through the record. As per the record, the complainant Mohan Lal filed a complaint against Jasvindra Pal Singh under Section 138 of the Negotiable Instruments Act. As per complainant's version, he and accused were known to....

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....ut obtaining any security document and no particulars have been mentioned regarding the loan amount and furthermore, the fact that no account books as well as income tax return has been produced, rebuts the presumption under Section 139 of the Negotiable Instruments Act. Furthermore, as per the defence version, Harish Chand @ Harish Kumar, brother of the complainant resides at Sri Ganganagar and there was agreement to sell between Harish Chand @ Harish Kumar and the accused. As per the agreement, Rs. 3.5 lacs was given while executing the first agreement and Rs. 3.5 lacs while executing second agreement to Harish Chand, who is real brother of the complainant Mohan Lal. Three cheques amounting to Rs. 18,50,000/- were given as a security t....

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.... certified copy of agreement Ex.D6. DW-5 Bhupinder Singh also proved receipt Ex.D4 and agreement Ex.D6. DW-6 Krishan Baldev, Advocate proved copy of his register as Ex.DW6/B and also proved the receipt Ex.D4. The accused also tendered into evidence documents; order dated 12.04.2014 as Ex.D7, photocopy of plaint Mark DX1, application under Order 39 Rule 1 and 2 CPC as Mark DX2, photocopy of jamabandi, appeal, second appeal and other documents. Learned JMIC, Sri Muktsar Sahib after appreciating the evidence in right perspective has correctly reached to the conclusion that presumption has been rebutted. The Court also held that during the cross-examination, the complainant has not given reply on so many material questions to know whether co....