2016 (10) TMI 368

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.... a judgment dated 07.05.2011 of learned Addl. Sessions Judge in Crl.A.No.04/2011 by which orders on conviction and sentence dated 29.01.2011 and 04.02.2011 respectively of learned Metropolitan Magistrate in the proceedings instituted under Section 138 Negotiable Instruments Act were set aside. The appeal is contested by the respondent. 2. I have examined the file. The appellant in the proceedin....

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....o post-dated cheques No.408915 and 408916 dated 08.10.2003 as 'consideration' for the ornaments given by him (the complainant). A receipt (Ex.CW-1/3) was executed. On presentation, the cheques were dishonoured. The respondent failed to make the payment despite service of legal notice. 4. In the complaint, the complainant, however, did not disclose any specific date as to when the respondent ....

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....ich was around Rs. 12 lacs at present. The complainant, however, did not claim as to when the gold ornaments so pledged were returned to the respondent. In the further cross-examination, the complainant admitted that, in lieu of the ornaments, he had paid Rs. 4 lacs to the respondent. He further stated that no writing was made regarding the payment made by him to the respondent. Apparently, the ap....

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....e respondent. This receipt records that ornaments worth Rs. 2.30 lacs and Rs. 1.70 lac were given. It is, however, unclear whether the gold ornaments were given by the complainant to the respondent or vice versa. In the complaint, the complainant did not disclose if ornaments worth Rs. 2.30 lacs and Rs. 1.70 lacs were given by him to the respondent. 7. The respondent examined DW-2 (Ramesh Chand....