AMRIT SINGHI Vs. RADHEY SHYAM SWAMI

JUDGEMENT

(1.) Crl. A. Nos.26/2016, 27/2016 and 10/2017 (Amrit Singhi v. Radhey Shyam Swami) are arising out of the judgment of acquittal dated 30.07.2016 passed by the learned Chief Judicial Magistrate, East and North Sikkim at Gangtok in Private Complaint Case Nos.52/2013, 53/2013 and 39/2014. These appeals have come up for hearing after granting leave by this Court and taken up together for hearing.

(2.) Learned counsel representing the respective parties are heard at length. On perusal of the record it is found that the applications under Section 391 read with Section 482 of the Cr. PC, 1973 being I.A Nos.05/2018 in Crl. A. No.26/2016, and 04/2018 in Crl. A. No.27/2016 and 04/2018 in Crl. A. No.10/2017 are pending. Along with these applications certain documents have been filed, those are: Extract of Register from Sub Registrar, Mangan, North Sikkim, Power of Attorney, Registered Sale Deed dated 03.11.1998 and Land Record of plot no.205 dated 26.11.2008.

(3.) On perusal of the findings as recorded by the Trial Court on acquittal of the accused/respondent, it would reveal that the Court found the stand of the complainant contrary to the evidence, documents placed on record and the document of appointing the attorney to the accused and purchase of the land of the complainant by the buyers whose description is not available. It is said that the presumption as specified under Section 118 of the Evidence Act, 1872 read with Section 139 of the Negotiable Instruments Act, 1881, (for short, the NI Act), which is rebuttable is not against the accused, therefore, with the said observation the complaint was dismissed acquitting the accused.