2023 (9) TMI 169

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....gistrate First Class, Gwalior in Criminal Case No.16354/2007 was confirmed and the appeal was rejected. For the sake of convenience, hereinafter, the respondent M.P. State Co-operative Bank Ltd. will be addressed as complainant and the petitioner Manoj Kumar will be addressed as accused. The exposition of facts giving rise to this revision is as under:- (1) Y.D. Gautam, Branch Manager, M.P. State Co-operative Bank Ltd. had filed a complaint for offence punishable under Section 138 of Negotiable Instruments Act alleging that Manoj Kumar had issued Cheque No.281861 dated 26/09/2003 for an amount of Rs.36,000/- towards repayment of loan taken under the Vehicle Purchase Scheme. This Cheque No.261861 dated 26/09/2003 was presented....

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....accused. B. As per prosecution story, loan of Rs.2,60,000/- was sanctioned in the year 2002, but the complainant failed to produce evidence with regard to amount of loan outstanding against the accused. The complainant had filed three different complaints with regard to dishonour of cheque No.261861 dated 26.09.2003 for amount of Rs.36,000/-, Cheque No.261862 dated 10.01.2007 for amount of Rs. 2,00,000/- and Cheque No.261882 dated 15.09.2007 for amount of Rs. 1,27,000/-, but the complainant failed to explain the amount of loan which was to be recovered from the accused, therefore, existence of legally recoverable liability was not made out. C. The Appellate Court accepted the Appeal Nos.291 of 2011 and 293 of 2011 which we....

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....the concurrent finding of fact reached by the learned Magistrate and the learned Additional Sessions Judge was correct. Recently, in case of Malkeet Singh Gill v. State of Chhattisgarh, reported in (2022) 8 SCC 204, the Supreme Court observed as under- "10. Before adverting to the merits of the contentions, at the outset, it is apt to mention that there are concurrent findings of conviction arrived at by two courts after detailed appreciation of the material and evidence brought on record. The High Court in criminal revision against conviction is not supposed to exercise the jurisdiction alike to the Appellate court and the scope of interference in revision is extremely narrow. Section 397 of the Criminal Procedure Code (in short "....

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.... or perversity. Every case is to be decided on the evidence on its record. The petitioner/accused has not taken any defence with regard to pendency of other prosecutions against him, therefore, acquittal of petitioner in other matters would not per se entitle him for acquittal in case under consideration also. Learned counsel for the petitioner relying on the judgments of Hon'ble Supreme Court in the cases of Rev. Mother Marykutty Vs. Reni C. Kottaram reported in (2013) 1 SCC 327 and M.S. Narayana Menon Vs. State of Kerala reported in AIR 2006 SC 3366, contends that the complainant failed to submit details of loan outstanding against the accused, therefore, presumption of legally recoverable debt or liability stand rebutted. Ac....