Delhi High Court has allowed a complainant to file appeal against acquittal of a person accused of cheque bounce case where the defence was that the said cheques were Non-CTS cheques and were not in circulation.
A bench of Justice Bakhru has passed the order in the case titled as SANJEEV KOCHER vs STATE & ANR on 09.10.2019.
The petitioner has filed the present petition seeking leave to appeal against the judgment dated 21.12.2018. By the impugned judgment, respondent no.2 has been acquitted of an offence under Section 138 of the Negotiable Instrument Act, 1881.
There is no dispute that the dishonoured cheques bear the signature of respondent no.2. The principal defence put up by respondent no.2 was that the said cheques were Non-CTS cheques and were not in circulation.
It is claimed that the same had been handed over as security in the year 2003-04. 2. It is the respondent’s case that the certain money was borrowed but the same was returned. According to respondent no.2, the amount borrowed is only Rs. 5 lakhs.
High Court observed and held as "It is however, seen that respondent no.2 has not led any evidence in respect of the receipt of Rs. 20 lakhs as produced by the petitioner...... In view of the above, the present petition is allowed and the petitioner is granted leave to appeal against the impugned judgment".
Read the Order here:
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