The court emphasized the importance of evidence and the presumption of innocence in cases under Section 138 of the Negotiable Instruments Act.

Vipin Sanghi, J.

1. The aforesaid leave petitions have been preferred to assail the similar judgments rendered by Sh. Gajender Singh Nagar, MM-01 (Central), Karkardooma Courts (East), Delhi in four complaint cases under Section 138 of the Negotiable Instruments Act, 1881 (the Act). The details of the complaint cases are as follows:

Crl LP No. Complaint No. Cheque No. , Dated & Bank Amount

540/2014 5789/2010 415490 dt.12.08.2007 drawn on Syndicate Bank 3,50,000

541/2014 6617/2010 449125 dt. 04.04.2008 drawn on ICICI Bank 2,85,000

542/2014 5411/2010 462444 dt. 14.08.2007 drawn on ICICI Bank 1,25,000

576/2014 7128/2010 418124 dt. 15.10.2007 drawn on Syndicate Bank 50,000

2. By the impugned similar judgments, the learned MM has dismissed the said complaints preferred against the same respondent/accused Rohit Dua.

3. The case of the complainant was that the respondent/accused was a tenant at the relevant time of the complainant at Shop No.4RH, Shanker Market, Railway Road, Shahdara, Delhi for 7-8 months. The complainants claimed that the accused had taken loans aggregating to Rs.7,60,000/- in all, and in respect thereof, from time to time, the aforesaid cheques had been issued for repayment of the said amount. The loans were taken in cash without any documented receipts acknowledging the receipt of the loans. The said cheques were dishonoured upon presentation, and consequently the aforesaid four complaints were preferred after issuance of statutory notices, since payment had not been made.

4. Notice under Section 251 Cr PC was framed by the learned Magistrate, which was read out to the accused. Though the accused admitted that the cheques in question bear his signature and pertained to his account, he had stated that he had never issued the cheques in question to the complainant. His stand was that he had taken the shop in question on rent from the complainant. Once a theft had occurred in the said shop, wherein, along with other articles 2-3 cheque books, including one cheque book of his wife, were also stolen. He stated that the said cheques in question might be from the stolen cheque books. He pleaded not guilty.

5. The complainant led his evidence as CW-1 and exhibited the requisite documents. The statement of the accused under Section 313 Cr PC was recorded on 18.04.2013, whereafter the accused examined himself and other witnesses in all these cases.

6. The learned Magistrate dismissed the complaints on the reasoning that the amounts claimed to have been loaned were not claimed to have been given by way of cheque; the same would have been in contravention of Section 269 of the Income Tax Act; the same had not been advanced against written receipts or other documents acknowledging receipt of the loan; the complainants had not examined any witness regarding handing over of the money to the accused; though the complainants had allegedly advanced a sum of Rs.7,60,000/- in all, the said figure was not disclosed in the complaints; the said amount of alleged loan had not been disclosed by the complainants in their income tax returns to the extent they had allegedly advanced the loans; the complainants failed to disclose the exact dates when the loans were given; though the complainants claimed to have advanced the loans by way of advance of six instalments of Rs.1 lac each, and the seventh instalment of Rs.1,10,000/- (by the complainant Inderjit Narula) and another instalment of Rs.50,000/- (by the complainant Ashu Chanana), they could not disclose the time gap between the payment of the instalments of the loan; though the complainants claimed to have saved the amounts of loan for construction of a house, the said premises had been sealed by the MCD and the letter dated 10.10.2006 of the complainant showed that the complainant was holding the said amount for almost 8-9 months as cash in hand – which was not the conduct of a prudent person. In respect of the loans mentioned at Sl. nos.1 to 3 in the aforesaid tabulation aggregating to Rs