2022 (3) TMI 744

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....led a complaint under Section 138 of Negotiable Instruments Act (in brevity "the NI Act") against petitioner-accused before the Court of JMFC, stating therein that petitioner accused had borrowed a loan amount of Rs. 4,60,000/- from him and in lieu of repayment, petitioner accused issued a cheque bearing No. 000025 in favour of complainant respondent which became dishonoured by the concerning Bank with an endorsement of "insufficient funds". In support of his claim, the respondent complainant deposed his submission in the shape of affidavit (Annexure A2 & A3). In reply, the petitioner-accused filed an supplication u/s. 91 of Cr.P.C. before the Court of JMFC, stating therein that the registration of complaint under the Price Difference Payme....

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.... petitioner has relied upon the orders dated 13/03/2018 and 09/08/2017 passed by the Coordinate Bench of this Court in Prembabu Jain vs. Devendra Kumar Chaudhary (MCRC 3162 of 2018) and in Shivendra Dhakre vs. Shri Narendra Sharma (MCRC 8274 of 2017) wherein, the Coordinate Bench of this Court has remanded the matter back to the Trial Court for consequential follow up action to summon the documents as mentioned in the application u/s. 91 of Cr.P.C. while affording an opportunity to confront the same with aid and support of documents. It is further contended that where there is desirability of documents to be summoned, the Court below ought to have called the same to confront the witnesses. Therefore, it is prayed that the trial Court in its....

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.... his innocence. To buttress of his contention, the respondent has relied upon the judgment of Rajeev Soni vs. Indresh Singh reported in 2007(1) MPLJ 571 and decision of Hon'ble Supreme Court in the case of State of Orissa vs. Debendra Nath Padhi, reported in (2005) SCC 568. 5. Heard the learned counsel for the parties and perused the relevant material including the impugned order. 6. The Hon'ble Apex Court in the matter of John K. Abraham vs. Simon C. Abraham, reported in (2014) 2 SCC 236 has observed as under:-- "9. It has to be stated that in order to draw the presumption under Section 118 read along with Section 139 of the Negotiable Instruments Act, the burden was heavily upon the complainant to have shown that he had the re....