TaxTMI 
TaxTMI 
2019 (4) TMI 2088
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....rom the complainant, who readily agreed as the accused was offering a good rate. The accused assessed the gross, value of the apple crop at Rs.6,00,000/-, and, issued a post dated cheque No. 968127 of 1.10.2004, drawn on ICICI Bank, Shimla in favour of the complainant. The accused requested him to present this cheque for ecashment in December, 2004. The complainant contacted the accused on telephone before presentation of the cheque. The accused assured that the cheque would be cleared on its presentation. Accordingly, the complainant presented the cehque issued by the accused before the ICICI Bank, Shimla on 12.01.2015. The said bank informed the complainant that the cheque had been dishonoured due to "insufficient funds". The complainant ....
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.... record. Hence, he contends qua the findings of acquittal warranting reversal by this Court in the exercise of its appellate jurisdiction, and, theirs standing replaced by findings of conviction. 6. On the other hand, the learned counsel appearing for the accused/respondent herein, has with considerable force and vigour, contended qua the findings of acquittal recorded by the learned trial court, rather standing based on a mature and balanced appreciation by it, of the evidence on record, and, theirs not necessitating any interference, rather theirs meriting vindication. 7. The charge against the accused would be concluded hence to be cogently proven, upon, (a) cheque, borne in Ex.CW1/A being proven to be in the handwriting of the acc....
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....CW1/A, carrying the authentic signatures of the accused, (a) and, thereafter it, was permissible for the complainant, to rely upon the statutory provisions, cast under the provisions of Section 139 of the Negotiable Instruments Act, qua his holding it in discharge, of, a contractual or other legal liabilities, arising inter se him, and, the accused. Nonetheless, dehors, the afore curative recoursings, for, hence, dispelling, the, effect, of Ex.CW1/A, rather being feigned, in the testification rendered hence by the complainant, to, hence assuredly contain the signatures of the accused, also, the mandate of, Section 146 of the Negotiable instrument Act, provisions whereof stand extracted hereinafter, was, also vis-a-vis, Ex.CW1/B, the purport....
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....r showing his inability to bring the original of Ex.CW1/B, given, it not being traceable in the apposite records, (ii) and, when only on production, of the original in Court of EX. CW1/B, and, evident existence thereon, of the afore statutorily mandated requirements, of it, hence carrying the official mark or seal of the bank concerned, would, hence enable, the, marshalling, of, the statutory presumption qua the apposite cheque being declined, to be honoured, to, rather hold the fullest conclusivity or sway, (iii) besides it would benumb any endeavour of the defence, to rely, upon the afore statutory coinage, occurring in the last part of Section 146 of the N.I. Act, (iv) reiteratedly for want of production of the original of Ex.CW1/B, this....