TaxTMI 
TaxTMI 
2020 (2) TMI 1732
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.... 2017, whereby respondent No.2-original accused came to be acquitted from the charge under Section 138 of the Negotiable Instrument Act. Vide order dated 13.1.2020, record and proceedings from the trial Court was called for, which has been received. 2. Mr.Yogesh Kanade, learned advocate for the applicant has taken me through the findings recorded by the learned Magistrate and submitted that respondent No.2-original accused is teacher by profession and, therefore, her defence that because of good relations with applicant, she has signed the agreement involved in this case without reading it, is not believable. He has further submitted that since signature over the cheque is not disputed by her and issued from her account, the presumption is....
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.... of the said debt of Rs. 2 lakh as a part payment thereof. It is further mentioned in the complaint that on presentation to the bank for realization of cheque it returned unpaid because of insufficient fund and after following due procedure prescribed under the Negotiable Instruments Act, the present complaint has come to be filed against respondent NO.2 accused. 4. To prove the case against the accused, the complainant entered into the witness box and produced nearly 8 documents including that agreement executed before the notary by the parties. The further statement of the accused came to be recorded under Section 313 of the Code of Criminal Procedure, 1973 and respondent No.2-original accused entered the witness box and she examined her....
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....ration along with the interest is re-paid by her. She has further deposed to that since there is no reason to doubt, whatever document complainant asked her to sign, she used to sign those documents even without reading it. As such she has claimed in her deposition that total amount which was borrowed from him has been re-paid along with interest. However, the complainant refused to give her original documents pertaining to her house as also return back the signed cheques. According to her deposition, her signed cheque is misused and the present case has come to be filed against her. The complainant has failed to cross-examine the accused who herself entered the witness box and, therefore, the deposition has gone unchallenged. At the same t....
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.... it was only and only one transaction of Rs. 3 lakhs entered into in the year 2011 which has already been repaid as reflected from Exh.16, the statement of bank account through cheque from the account of the accused dated 12.6.2013. Not only that if that statement is further looked into Rs. 70,000/- more, probably appears towards the interest paid from that account to the complainant, that too, in the month of July, 2013, again Rs. 10,000/- appears to be debited from her account and credited to the account of complainant as reflected from it. 5. Thus, it is clear that for the transaction of Rs. 3 lakhs claimed in the complaint, notice as also the deposition, is already repaid through cheque and according to the complainant, the cheque in d....