SUBHADRABAI Vs. MANOJ

JUDGEMENT

(1.) Acquittal of respondent from offence under Sec. 138 of the Negotiable Instruments Act, 1981 [NI Act] prompted original complainant to prefer instant appeal, thereby questioning the legality and maintainability of the judgment and order dtd. 14/2/2018 passed by learned J.M.F.C. (Court No.4), Latur.

(2.) Present appellant instituted S.T.C. No. 1638 of 2013 on the ground that there was transaction of sale and purchase of a plot belonging to the complainant. That, during initial talk, Rs.10,000.00were paid as agreed and remaining amount was decided to be paid at the time of sale deed. Further case is set up that in between, due to medical exigency of son of complainant, amount of Rs.50,000.00 was taken from accused and remaining amount was to be paid at the time of registry of the sale deed. According to the complainant, accused had thereby issued cheque dtd. 5/7/2013 towards the remaining amount of Rs.20,000.00, but on its presentation it was returned dishonoured and on receipt of bank memo, legal notice was dispatched demanding cheque amount. However, in spite of receipt of legal notice, cheque amount was not paid within the stipulated period and hence the complaint. SUBMISSIONS

(3.) Learned counsel for the appellant would submit that transaction was proved and even accused respondent did not deny the same. There is copy of sale deed. That, as decided, after initial payments made at the time of agreement, remaining amount of Rs.20,000.00 was due towards accused and it was only towards such legal debt, he had issued the cheque. It is pointed out that issuance of cheque as well as signature over it is not disputed. Therefore initial presumption under Sec. 118 and 139 of the NI Act was available in favour of the complainant. It is further pointed out that accused could not rebut the presumption by adducing any cogent, reliable evidence. Therefore, learned trial court ought not to have acquitted accused. There is complete non-application of mind and improper appreciation while acquitting the accused. Hence, prayers for allowing the appeal. Learned counsel for the appellant placed reliance on the following rulings: