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Showing contexts for: cd transcript in Jyothi.G vs P. Jayalakshmi on 15 November, 2025Matching Fragments
13. The learned counsel for the appellant/accused argued before the Trial Court that she has not due any amount to the complainant, even though the respondent has not return the cheque to the appellant and filed false complaint, therefore the trial court passed the Judgment against the appellant is not sustainable and liable to be set-aside.
14. On careful perusal of the Judgment, Whether Judgment passed passed by the Trial Court in C.C.No.3024/2018, dated 06.10.2022 is hold and good or committed any error, after perused the Ex.P.1 to 13 i.e., Cheques, Bank endorsements, office copy of Legal Notice, Postal receipt, Reply Notice, Bank Statement, Pass Book, Transcription of CD., Certificate U/Sec.65(B) of Indian Evidence Act, GPA and CD and Relevant order portion and also observed all the evidence of the complainant and passed the Judgment against the appellant.
15. Perused entire order sheets, complaint filed U/s. 200 of Cr.P.C., for the offence punishable U/s.138 of N.I.Act., examination- in-chief affidavit of the complainant, plea of accusation, contents of exhibited documents Exs.P.1 to P.13. There is no procedural defect of any nature while conducting trial relating to private complaint registered for the offence punishable U/s.138 of N.I.Act.
16. So far as appreciation of evidence is concerned, Complainant is examined as PW1. PW1 has reiterated averments of complaint in her examination-in-chief. Ex.P.1 and 2 are the cheques, Ex.P.1(a) is the signature of the accused, Ex.P.3 and 4 are the Banker's endorsement, Ex.P.5 is the office copy of Legal Notice, Ex.P.6 is the Postal receipt, Ex.P.7 is the Reply Notice, Ex.P.8 is the Bank Statement, Ex.P.9 is the Pass Book, Ex.P.10 is the Transcription of CD., Ex.P.11 is the Certificate U/Sec.65(B) of Indian Evidence Act, Ex.P.12 is the GPA and Ex.P.13 is the CD . The complainant has deposed that the accused is her sister. The complainant has availed a loan of Rs.45,00,000/- from the bank and said amount was credited to her account on 19-02-2016. The accused and her husband approached her and availed a credit facility to the tune of Rs.23,30,500/-. The complainant has paid a sum of Rs. 9,50,000/- to the accused and his wife on 19-02-20016 and 20-02-2016. She further alleged that the accused and his wife again requested her and she paid a amount of Rs. 2,50,000/- to the accused and his wife by way of cash. The accused and her husband again requested her for the credit facility and she paid a sum of Rs. 2,30,500/- by way of cheque. On 02-03-2016 the accused and his wife again approached the complainant for the credit facility and the complainant has paid a sum of Rs. 10,00,000/- to the accused and her husband through cheques. It is also alleged that the accused and his wife undertaken to clear the bank loan availed by the complainant. They assured that they will pay the monthly installments to the bank. The accused and her husband did not pay the bank installments. Subsequently for repayment of the said amount the accused and his wife issued the cheques. The issued cheque bearing No.752369 dated 30.04.2018 for a sum of Rs.5,00,000/- and another cheque bearing No.752370 dated: