Vishnu vs Deva Lal
2021 Latest Caselaw 10318 Raj

(1 of 3) [CRLLA-178/2019]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 178/2019

Vishnu S/o Ratan Lal, Aged About 35 Years, B/c Sharma, Resident Of Udliyas, Tehsil Kotadi, Police Station Kotadi, District Bhilwara, Rajasthan

----Appellant Versus Deva Lal S/o Ugam Lal, B/c Bareth, Resident Of Mansha, Tehsil Kotadi, Presently Residing At Village And Post Krishna Band, Near Guruji Hotel, Pur Road, District Bhilwara, Rajasthan

----Respondent

For Appellant(s) : Mr. N.K. Gurjar For Respondent(s) : Mr. Rajendra Katariya Mr. Pradeep Choudhary

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

08/07/2021

The applicant-complainant Vishnu has approached this Court

through this application under Section 378(4) Cr.P.C. seeking leave

to file an appeal against the judgment dated 05.04.2019 passed

by learned Special Judicial Magistrate, Kotadi, District Bhilwara in

Original Criminal Case No.249/2014, whereby the respondent

Deva Lal was acquitted of the charge under Section 138 of the N.I.

Act.

I have heard and considered the submissions advanced at

bar and have gone through the impugned judgment and the

record.

On going through the impugned judgment, it is clear that the

finding recorded by the trial court that there was no transaction

whatsoever between the applicant-complainant and the accused-

(2 of 3) [CRLLA-178/2019]

respondent and that the cheque in question had, as a matter of

fact, been given to one Omprakash about eight years ago is

absolutely justified. The view so taken is fortified from the fact

that in the column of date as appended on the cheque (Ex.P/1),

the numerals are 200. Manifestly, this cheque book was issued for

the years between 2000 and 2009. While presenting the cheque

(Ex.P/1), an overwriting was made on the second zero which was

changed to 1. Manifestly, thus, the cheque could not have been

honoured by the bank because there was a material alteration in

the date column thereof and the account holder, i.e. the

respondent Devalal, did not ratify the alteration by putting his

signatures above the same. The fact that the series of cheques

was issued for the years 2000 to 2009 is also fortified from the

documents pertaining to the criminal case lodged by Omprakash

against the respondent under Section 138 of the N.I. Act. The

statement of the accused recorded in the said case was exhibited

as D/3 and in this statement, the reference is made to cheque

No.017401 which was dishonoured in the year 2008. Apparently,

thus, there was merit in the defence theory that the cheques of

the same series from 017401 to 017409 (the disputed cheque of

the present case Ex.P/1) were, as a matter of fact, given to Om

Prakash and there was no direct transaction whatsoever between

the applicant and the accused Devalal. The applicant was

examined as PW.1 in the present case. Neither in his complaint

nor in his affidavit/statement, any elaboration was made regarding

the year, month or date of the transaction when the amount of

Rs.1,20,000/- was allegedly given by him to the respondent

Devalal by way of hand loan. Even in cross-examination, the

complainant could not explain as to what precisely was the affinity

(3 of 3) [CRLLA-178/2019]

between him and the respondent which could have persuaded him

to give hand loan of a significant amount of Rs.1,20,000/- to

respondent Deva Lal that too, without any security. Further, the

applicant admitted that he used to file Income Tax Returns but

the transaction at hand was not recorded in the return of the

corresponding year.

In this background, I am of the firm opinion that the

impugned judgment of acquittal dated 05.04.2019 does not suffer

from any infirmity or illegality whatsoever warranting interference

therein. Thus, there is no cause to grant leave to the applicant-

appellant for filing an appeal against the impugned judgment of

acquittal dated 05.04.2019.

Hence, the application for leave to appeal filed by the

applicant-appellant is dismissed as being devoid of merit.

(SANDEEP MEHTA),J 83/Sudhir Asopa/Devesh/-

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