2019 (8) TMI 1897

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of court and further directing to pay compensation of Rs.3,10,000/in default to undergo SI for two months and the compensation amount is directed to be paid to the complainant after lapse of appeal period. The Appeal at the instance of accused has been dismissed vide judgment and order dated 11.12.2018 passed by the learned Additional Sessions Judge11, Nagpur in Criminal Appeal No.308/2017. 3. Brief facts of the case are that the complainant had lodged a complaint for offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred as "the Act" for the purpose of brevity) that the accused being the friend of the complainant's husband, approached her praying for handloan of Rs.2,90,000/. Considering the nee....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....plainant that certain amount was withdrawn from the ATM account. 6. As against this, learned Advocate for the complainant contended that the trial as well as lower Appellate Courts have decided the matter in its right perspective relying upon the evidence led by the complainant. 7. It is noticed that the complainant had filed her affidavit in lieu of examinationinchief; however the accused has not stepped into the witness box in order to rebut the case of the complainant. The complainant has categorically stated in her evidence that the accused had approached her and requested to provide financial assistance of Rs.2,90,000/. On considering the friendly relations between the accused and the husband of the complainant, she provided the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....le of withdrawal of the amount from ATM of Punjab National Bank, Kamptee Road branch, reflects that an amount of Rs.25,000/or Rs.15,000/was withdrawn from time to time by withdrawing total amount of Rs.2,90,000/. 10. A more specific suggestion was put up by the learned Advocate that the aforesaid amount is not withdrawn from the ATM from time to time by the complainant. The accused has failed to step into the witness box and rebut the contentions of the complainant. 11. The learned trial Judge as well as learned Judge of the lower Appellate Court has considered the evidence led by the complainant in its right perspective. The lower Appellate Court has also considered the aspect that the entire contents of the cheque (Exh.21) appears t....