AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2017 (8) TMI 3
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....r, the trial Court, at paragraph 14 of its Judgment, had proceeded to state that the averment to the effect that as per Sale Agreement, the Complainant gave a cheque for a sum of Rs. 3,00,000/- to the Respondent/Accused and also paid a sum of Rs. 1,00,000/- in cash for which no documents or evidence were produced/filed and therefore, the said fact was not proved and held that the Presumption under Section 139 of the Negotiable Instruments Act could not be raised in the present case. Therefore, the trial Court came to the consequent conclusion that the offence against the Respondent/Accused under Section 138 of the Negotiable Instruments Act was not established beyond reasonable doubt and finally acquitted him under Section 255(1) Cr.P.C. 5.Assailing the legality of the Judgment of Acquittal dated 28.09.2016 in C.C.No.246 of 2015 passed by the trial Court, the Learned Counsel for the Petitioner/Appellant/Complainant submits that the trial Court had failed to appreciate an admitted fact that the transaction was entered into between the Petitioner/Appellant's wife and the Respondent's (Accused) wife. 6.The Learned Counsel for the Petitioner/Appellant urges before this Court ....
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....ect of an offence under Section 138 of the Negotiable Instruments Act and resultantly acquitted him, which does not suffer from any legal infirmities. 13.It is to be noted that in Ex.P1 Cheque in the 'Date Column' after 11, the 'Numerical No.2' was written; the year was mentioned as '2015'. But, a perusal of the Ex.P1 Cheque indicates that the 'Numerical No.2' was scored out and above the said Numerical No.'2', Numerical No.'4' was written and over and above '4', a short initial is seen. Ex.P1 Cheque was for Rs. 3,80,000/- and the Payee was mentioned as 'P.Jayamatha' (Petitioner/Appellant/ Complainant). That apart, the next to the words 'Three', the writing Thousand was scored out and over and above that, it was written as 'LAKs' and next to that on the right hand side, there was short initial affixed. Therefore, it is latently and patently evident that Ex.P1 Cheque was originally written for Rs. 3,80,000/- only. Subsequently, the words 'Thousand' was struck off and over and above it, the 'LAKs' was written. However, in the figure column in Ex.P1 Cheque, it is clearly written as '3,....
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....hich was admittedly in possession/custody of P.W.1 (Petitioner/Appellant/ Complainant) from 11.2.2015 till 11.4.2015 was altered suddenly on 11.4.2015 by the Respondent/Accused. 17.Besides the above, a perusal of the Complaint of the Petitioner/Appellant at paragraph 4 points out that the Petitioner/ Appellant had made several requests to Mrs.K.Komathi in executing the Sale Deed in connection with the transaction in question. But the said Komathi had dishonestly refused to execute the Sale Deed in favour of the Complainant on the existence of the Sale Agreement. 18.The clear-cut case of the Petitioner/Appellant is that one Mrs.K.Komathi, being an absolute owner of the property bearing Survey No.21/2 covering an extent of 0.56 cents situated at Pandavakkam Village, Uthiramerur Taluk, Kancheepuram District, had voluntarily approached the Petitioner/Appellant/Complainant in the month of October 2012 for the purpose of selling the aforesaid property on account of her family requirements. Pursuant to which, she had willfully with free consent entered into a Sale Agreement on 06.11.2012 for the aforesaid land measuring an extent of 0.50 cents for a sale consideration of Rs. 7,50,000/- ....
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....heque' or 'Payee' made the alteration with the consent of the Drawer thereof, such alteration also cannot be employed as a ground to resist the right of Payee or the holder thereof. An important aspect is that it is always a question of fact whether the alteration was made by the Drawer himself or whether it was made with the consent of the Drawer. In reality, it requires evidence to establish the aforesaid issue/question whenever it is disputed. 22.In the present case, in the Complaint, the Petitioner/ Appellant/Complainant had stated that the Respondent/Accused as Surety for the amount to be paid by his wife, had issued a cheque. But before the trial Court, on behalf of the Petitioner/Appellant/ Complainant, it was not established that the Respondent/Accused wife was paid with a sum of Rs. 3,00,000/- through cheque based on Sale Agreement. Further, for the alleged payment of Rs. 1,00,000/- in cash by the Petitioner/Appellant/Complainant to the Respondent/ Accused wife, no document or evidence was produced in the main case. Apart from that, the big question revolves around the Petitioner/Appellant/Complainant is that when he was in possession of Ex.P1 Cheque from 11.2....
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....er. As per Section 139 of the Negotiable Instruments Act, there is a presumption, unless the contrary is established, that the Holder of the cheque received the cheque for the discharge in entirety or in part of any debt or other liability. 26.In so far as the Leave sought for under Section 378(4) Cr.P.C. is concerned, it is to be pointed out that the 'Grant of Special Leave' to prefer an Appeal is not an automatic or routine one. Indeed, the Petitioner/Appellant must make out a case before the Hon'ble High Court by pointing out necessary materials that the conclusion/findings arrived at by the trial Court are perverse, capricious and an arbitrary one. As a matter of fact, the High Court has the requisite power to 'Review' the entire gamut of evidence, of course, giving necessary weightage to the views of the trial Court in regard to the credibility of the witnesses concerned. By and large, the 'Judgment of Acquittal' shall not be interfered with because of the simple reason that a presumption of innocence of an Accused get strengthened by means of an acquittal. Furthermore, reappraising the evidence, reconsidering the entire gamut of the issue and to s....