2022 (2) TMI 130

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....is reported that he is unwell. Therefore, this Court requested Mr. Amey Kakodkar to appear on behalf of the appellant since Mr. Kakodkar appears in the connected appeal involving an identical issue. Mr. Kakodkar has consented to do the same and accordingly Mr. Kakodkar was heard even in Criminal Appeal No.13/2015. 3. After these matters were argued for some time, this Court was prima facie convinced that the impugned Judgment and Orders acquitting the respondent warranted interference. 4. Before the matters could proceed further, Mr. Rohan Desai, learned counsel for the respondent requested for the matter to be kept in the afternoon session so that he could obtain suitable instructions from the respondent. 5. In the afternoon session Mr.....

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.... they paid to the respondent. If the evidence on record is perused, then, there is oral and documentary evidence that substantially explains how this amount was procured. In any case, once it is established that the cheques were indeed signed and issued by the respondent, the onus was on the respondent having regard to the presumption that arises under Section 139 of the N.I. Act.   9. In this case, the respondent chose not to examine himself. The defence witness (DW1) examined by the respondent has not succeeded in rebutting the presumption that arises in these types of matters. The evidence of DW1 also does not inspire confidence because there is material on record that even this witness was charged with certain offences along with ....