TaxTMI 
TaxTMI 
2022 (11) TMI 850
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....ank, Mulki for a sum of Rs. 35,000/-each were dishonoured for the reasons that the accused had closed his account and that there was no sufficient balance in the account. The complainant got issued demand notice to the accused and as the latter failed to comply with the demand, accused came to be prosecuted. 3. After assessing the evidence, both oral and documentary produced by the complainant as also the accused, the learned Magistrate recorded conviction and sentenced the accused to fine of Rs. 79,000/- and directed him to undergo imprisonment for one year in case of default in paying fine. Out of fine amount, Rs. 77,000/-was ordered to be paid as compensation to the complainant. The accused approached the Sessions Court, Mangalore by fi....
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....ration was indicated as Rs. 52,500/-, and it was with a view to saving the stamp duty and the registration expenses. At the time when the accused entered into transaction with the complainant's father, he issued the signed cheques by mentioning the amount in figures only. The cheques were issued as security at that time and that the complainant's father had made it clear that he would return the cheques once the sale consideration was paid to him. Instead of returning the cheques, the complainant misused them. 7. Second line of defence was that when he was working in Vijaya Bank, Mulki Branch, he had a bank account and that the cheques pertained to that account. As it was a staff account, it came to be closed after he was transferr....
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.... name and the amount in words. The signature of the accused on the cheques is not disputed. The accused did not reply to the demand notice. For all these reasons, the complainant has been able to prove that the accused issued the cheques for repaying the hand loan. 11. The learned Sessions Judge on the other hand has found that the cheques were issued by way of security in connection with the sale transaction and because of transfer of the accused from Mulki branch of Vijaya Bank to other branch, his bank account came to be closed. Sessions Court has held that merely because accused admitted his signatures on the cheques and he did not reply to the notice, an inference cannot be drawn that the accused issued the cheques for repaying the ha....
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....witness to Ex.D.2. In Ex.D.1 it is clearly mentioned that complainant's father received Rs. 75,000/-being the full consideration amount. The sale deed was executed in the year 2004. It is quite obvious that a lesser amount would be shown in the sale deed to save the stamp duty. When the accused was capable of purchasing landed property, it is highly impossible to believe that he borrowed money to meet his necessities. On the other hand the very sale transaction in favour of the accused and the sale of other pieces of lands in favour of other persons indicate that the family of the accused were financially not sound. Nobody will sell the property unless there was urgent need for it. This clearly shows that the complainant has misused the....
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....reference to the date of transaction. 15. It has come in evidence that the accused just signed the cheque and wrote the amount in figures. PW.1 has admitted that accused himself asked him to write the name and amount in figures. If this part of the evidence is examined in the light of the actual defence taken by the accused, it can be said that the cheques might have been issued at the time when the accused purchased the landed property from the father of the complainant. It may be noted here that the complainant admits Ex.D.1 and D.2 and in fact he is one of the witnesses to Ex.D.2-the sale deed. It is true that the sale consideration money is shown as Rs. 52,500/-in the sale deed and in Ex.D.1 it is shown as Rs. 70,000/-. The explanation....
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....-examination that the accused issued two blank cheques and asked him to write all the particulars. So if this answer of PW.1 is considered and examined in the background of Ex.D.1 and D.2, it is possible to draw an inference that probably in the year 2003 itself, i.e., in connection with sale transaction accused might have issued the cheques without writing the name of the drawee and the amount in figures. The accused is a bank employee. If really he issued the cheques in order to repay the hand loan, he himself would have filled up all the particulars in the cheque. So looked in this background certainly a doubt arises in the case of the complainant and there is probability in the defence. 16. In order to attach presumption to the case of....