2014 Supreme(Mad) 3555
M.VENUGOPAL
A. Thayalan – Appellant
Versus
S. S. Mani – Respondent
Advocates Appeared:
For the Appellant:L. Rajasekar, Advocate.
For the Respondent:G.S. Selvatharasu, Advocate.
Judgement Key Points
Based on the provided legal document, here are the key points:
- Case Details: The case involves Criminal Appeals (Nos. 483 & 484 of 2008) filed by the Appellant/Complainant against a Judgment of Acquittal passed by the Learned XVIII Metropolitan Magistrate, Saidapet, Chennai, on 20.05.2008 in C.C. Nos. 5353 & 5354 of 2005 (!) [21001137610001].
- Core Issue: The primary issue is whether the Complainant proved the existence of a "Legally Enforceable Debt or Liability" for the issuance of the cheques, which is a prerequisite for conviction under Section 138 of the Negotiable Instruments Act (!) (!) [21001137610003].
- Trial Court's Findings: The trial court acquitted the Accused because the Complainant failed to prove that the cheques were given to discharge a legally enforceable liability or loan. The court noted contradictions in the versions of both the Complainant and the Accused regarding the issuance of cheques and the underlying liability (!) (!) [21001137610007].
- Complainant's Claims: The Appellant claimed the Accused borrowed Rs. 6,50,000/- in August and September 2003 for purchasing land from a third party (Mukundan) and issued three cheques (Ex.P.1, P.1, P.2) totaling Rs. 5,95,000/- as repayment (!) (!) [21001137610028][21001137610030] (!) .
- Accused's Defense: The Respondent/Accused denied taking any loan. He claimed the cheques were obtained under duress and misused by the Complainant after the Complainant lost the property rights due to a criminal case involving Mukundan and the seizure of the Power of Attorney (!) (!) (!) (!) .
- Contradictions in Evidence:
- Dates: There was a discrepancy regarding the dates of cheque issuance; the Accused claimed they were given in 2004, while the Complainant's evidence suggested a timeline inconsistent with the cheque dates (2004-2005) (!) (!) (!) (!) .
- Loan Amount: The Complainant admitted to not receiving cheques for the full borrowed amount and not obtaining a promissory note for the balance, which is an adverse circumstance (!) (!) .
- Witness Testimony: The evidence of D.W.1 (Accused) and D.W.2 was found contradictory. D.W.2 admitted he was unaware of the loan transaction and could not recall details of the Panchayat he claimed to have conducted (!) (!) (!) .
- Rebuttal of Presumption: The Accused successfully rebutted the presumption under Section 139 of the Negotiable Instruments Act by placing on record that there was no legally enforceable debt. The Complainant failed to discharge the initial burden of proof (!) (!) (!) (!) .
- Books of Accounts: The Complainant failed to produce Income Tax Returns or business books showing entries for the alleged loan of Rs. 6,50,000/-, despite claiming to be in the real estate business and paying income tax. This lack of documentary evidence undermined his claim of a valid loan (!) (!) (!) (!) .
- Legal Notices: The Legal Notice issued by the Complainant (Ex.P.4) initially stated the cheques were for loan repayment, but a subsequent notice (Ex.P.7) claimed they were for discharge of liability in a land transaction. This inconsistency highlighted the lack of clarity in the Complainant's case (!) (!) (!) .
- Final Decision: The High Court held that the Complainant failed to prove the existence of any legally enforceable debt or liability. Consequently, the Criminal Appeals were dismissed, and the acquittal of the Accused was upheld (!) (!) (!) .
Judgment
1. The Appellant/Complainant has preferred the instant Criminal Appeals before this Court as against the Judgment of Acquittal in C.C.Nos.5353 & 5354 of 2005, dated 20.05.2008 passed by the Learned XVIII Metropolitan Magistrate, Saidapet, Chennai.
The Observations of the trial Court in the impugned Judgments:
2. The Learned XVIII Metropolitan Magistrate, Saidapet, Chennai, while passing the impugned Judgments in C.C.No.5353 & 5354 of 2005, on 20.05.2008, in paragraph 9 & 10, had observed as follows:
(“Tamil”)
10. The above shows the contradictions on the part of the PW1 about the date and time of issuance of cheque. At the same time as alleged by the complainant side there were inconsistencies also in the versions of the accused about the issuance of cheque and liability thereon referred to above by the complainant side. In his evidence at the time of chief examination the DW1/accused has stated that, (“Tamil”).
The accused side has also taken a stand that the cheques were obtained under duress. This above also contrary to the above testimony of the accused. The judgment reported in 2007(1) MWN (Cr) DCC 77 cited by the complainant side deals about the case where for the loan obt
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