2022 (7) TMI 816

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... Heard the learned counsel for the appellant/complainant and the learned counsel for the first respondent/accused. Perused the material on record. 3. The appellant herein filed complaint against the first respondent herein alleging, in brief, as follows: The complainant and the accused are known to each other. Out of the acquaintance, the accused took hand loan of Rs. 5.00 lakhs from the complainant on 14.06.2013 and agreed to repay the same with interest @ 24% per annum within 12 months. Inspite of several requests, the accused failed to repay the same and issued a cheque bearing No. 44056, dated 29.10.2014, drawn on Canara Bank, Ahmad Nagar Branch, Hyderabad for a sum of Rs. 6,20,000/- which includes interest. When the cheque was p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... 7. Learned counsel for the appellant/complainant submitted that the appellant has established the essential ingredients of offence under Section 138 of the Act. The learned trial Court failed to believe that there is existing liability and in discharge of the same, cheque has been issued by the accused. It is submitted that in view of the presumption under Section 138 of the Act, the learned trial Court ought to have convicted the accused. But the learned trial Court without properly appreciating the oral and documentary evidence dismissed the complaint. Therefore, learned counsel submitted to set aside the judgment of the learned trial Court. 8. Learned counsel for the first respondent/accused submits that the complainant failed to....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ques so stolen. The accused has instructed his banker to stop payment of the unused cheques. He also filed a private complaint against Mohd. Faheemuddin and against the complainant, which was registered in Crime No. 499 of 2014 on 22.12.2014. After completion of investigation, charge sheet was filed and the same was numbered as C.C. No. 980 of 2015 for the offences under Sections 420, 406, 448, 379 and 506 IPC. In order to prove the same, the accused filed Ex. D.1 certified copy of F.I.R. and Ex. D.2 copy of charge sheet and Ex. D.3 and Ex. D.4 letters addressed by him to stop payment. The accused has taken a plea that he did not vow any amount to the complainant and he has adduced oral and documentary evidence to show that a criminal case ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lainant, he has paid the money by way of cash to the accused and against discharge of debt, he issued the cheque Ex. P.1, dated 29.10.2014. Accused in his evidence stated that he issued stop payment instructions letters in Ex. D.3 and D.4 which show that stop payment instructions were given (45) days earlier to the date of Ex. P.1 cheque. More particularly, in the cross-examination of accused as DW. 1, he admitted that Ex. P.1 cheque was issued by him. But he gave a letter to the Manager Ex. D.3 to stop payment. He also admitted that said Mohd. Faheemuddin filed complaint against him and his brother Sathar and the same was registered as F.I.R. No. 499 of 2014 and the same is pending. Further the complainant discharges his burden that there ....