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1 - 10 of 10 (0.53 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
Rangappa vs Sri Mohan on 7 May, 2010
10. Per contra the learned counsel for the respondent /
complainant supported the judgment of the trial court and
relied upon the ruling reported in (2010) 11 SUPREME
COURT CASES 441 (RANGAPPA VS. SRI MOHAN) AND
CRIMINAL APPEAL NO. 230-231 OF 2019 (SUPREME
COURT) (BI8R SINGH VS. MUKESH KUMAR).
Section 118 in The Negotiable Instruments Act, 1881 [Entire Act]
M/S Total Finaelf India Limited vs Smt.Rashmi Parnami on 3 May, 2013
8. POINT No.1 & 2:: The learned counsel for the
appellant firstly contends that the trial court has not applied
its mind on the material on record. The trial court itself has
observed in the judgment at para No.12 that the complainant
has not produced any documents for having supplied
Chicks/Broilers and no record to show that Chicks worth Rs.
21,50,000/- were supplied but strangely has come to the
conclusion that the accused has not discharged burden and
not held that accused not stated anything about the cheque
and passed impugned order. He has again relied upon the
ruling reported in 2014 (1) DCR 27 (M/S TOTAL FINAELF
INDIA LTD. VS. RASHMI PARNAMI), wherein it is held
that the liability of paying for the purpose of goods is civil in
nature.
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Binod Kumar Lall vs State Of Jharkhand And Anr. on 11 March, 2008
He has also relied upon the ruling
reported in 2005 (2) DCR 675 (M/S NEW TECH
PESTICIDES LIMITED VS. M/S PAVANB COMMERCIAL
CORPORATION AND ANOTHER) (ANDHRA PRADESH)
with respect to appreciation of evidence and issuance of
cheque in advance against non-enforceable liability and also
relied upon the ruling reported in 2009 (1) DCR 422 (BINOD
KUMAR LALL VS. STATE OF JHARKHAND AND
ANOTHER), wherein same principles are applied and also
relied upon the ruling reported in 2009 (1) DCR 455
(TEJARAM RAMNATH MOURYA VS. RAMASREYT
HARIDAS SONI AND ANOTHER) with respect to non-
adducing cogent evidence for payment of huge loan and
contends that the trail court has totally erred.
Bir Singh vs Mukesh Kumar on 6 February, 2019
9. Counsel for appellant/accused has further draws the
attention of the court to Ex.P16 and P17 which are alleged
9
Crl.A.No.1175/2015
account and ledger extract and contends that they are not
proved and also relied upon the rulings reported in (2010) 11
SUPREME COURT CASES 441 (RANGAPPA VS. SRI
MOHAN) AND CRIMINAL APPEAL NO. 230-231 OF
2019 (SUPREME COURT) (BIR SINGH VS. MUKESH
KUMAR). He also draws the attention of the court to para
No.11 of the judgment with regard to the observation of the
trial court on Ex.P16 and P17 saying that they are not
conclusive with regard to supply of Chicks and Broilers to the
extent of Rs.21,05,000/- and conclusive and legitimate with
regard to receipt of Rs. 14 lakhs. Hence, contends that the
order of the trial court is not sustainable. He also further
draws the attention of the court to Ex.P9 and P10 which are
returned stamp postal envelope wherein notice was not served
and also Ex.P8 which is courier receipt wherein the signature
of the accused / appellant is not found which is admitted by
PW 1 and also on the endorsement of cheque at Ex.P1 saying
that it is limited to Rs. 50,000/- but amount of Cheque is Rs
7,50,000/-, this crates the doubt of instrument.
The Negotiable Instruments Act, 1881
New Tech Pesticides Ltd., Rep. By Its ... vs Pavan Commercial Corporation, Prop. T. ... on 8 November, 2004
He has also relied upon the ruling
reported in 2005 (2) DCR 675 (M/S NEW TECH
PESTICIDES LIMITED VS. M/S PAVANB COMMERCIAL
CORPORATION AND ANOTHER) (ANDHRA PRADESH)
with respect to appreciation of evidence and issuance of
cheque in advance against non-enforceable liability and also
relied upon the ruling reported in 2009 (1) DCR 422 (BINOD
KUMAR LALL VS. STATE OF JHARKHAND AND
ANOTHER), wherein same principles are applied and also
relied upon the ruling reported in 2009 (1) DCR 455
(TEJARAM RAMNATH MOURYA VS. RAMASREYT
HARIDAS SONI AND ANOTHER) with respect to non-
adducing cogent evidence for payment of huge loan and
contends that the trail court has totally erred.
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