32. Before parting with the judgment it is pertinent to mention that
during the course of final arguments, the Ld. counsel for the accused
has relied on the following judgments: P Jayaraj v. R Saroja 2007
(1) DCR 562 - primary burden of proof lies upon the complainant; K
Prakashan v. P K Sundaran - the accused must rebut the
presumptions as per the requirement of preponderance of
probabilities; J K Abraham v. Simon C Abraham Criminal Appeal
2043/23 - Evidence of source of income has to be proved by the
complainant ; M/s Sekhon and Sekhon v. Rani (CRMA 212 - MA
2012- mere admission of signatures does not tantamount to
admission of guilt. This court humbly bows down to the law laid
down in the abovementioned judgments and the same have been
duly considered in appreciating the facts and circumstances of the
present case. Lastly, in his written arguments, the Ld. counsel for the
accused has also emphasized on the fact that the complainant has
failed to establish the fact that the territorial jurisdiction of the
present matter lies with this court, as he did not summon the
authorized employee of his bank to prove the fact that the said bank
lies within the territorial jurisdiction of this court. In the considered
opinion of this court, the said argument is devoid of any merits, as
the return memorandum (Ex.CW1/B) categorically mentions the
bank of the complainant to be State Bank of India, Uttam Nagar,
which is within the territorial jurisdiction of this court. Thus, the
accused cannot be given any benefit of the argument that the
complainant has failed to prove that this court lacks the territorial
jurisdiction to try the present case.
titled as "Santhi
Vs. Mary Sherly", 2012 (2) DCR 741 titled as "Baiju G. Nath, Laiju Nivas Vs.
Girija Krishnakumar", AIR 1991 Orissa 25, 2009 (1) DCR 314 titled as
"Gopan Vs. Tonny Varghese", 2012 (1) DCR 410 titled as "Shri Jose Pullan @
Joseph P. Vs. Smti Uma Jasrasaria", 2013 (3) DCR 120 titled as " M/s. Sekhon
and Sekhon Finance And Vs. Rani" and 2008 Cri. L. J. 2955. I have perused
all these judgments with utmost regard but these judgments are distinct from
the facts in hand mainly on the point that appellant has failed to prove on
record any document to show that he has taken loan from Sunil Kumar and
Sunil Kumar did not appear before the ld. Trial Court to prove that appellant
has taken loan from him. Moreover, the appellant has not adduced any
positive evidence regarding promissory notes.