M.L.AGGARWAL HOSIERY PRIVATE LIMITED vs M/S SHIVANI ENTERPRISES CRM-A-1293-MA of 2017 [Harnaresh Singh Gill, J. ]

[ PUNJAB & HARYANA HIGH COURT ]

 

Section 378(4) CRPC NI ACT Sections 138 and 142 Dishonour of cheque Acquittal Grant of leave Case attempted to be built by the complainant, appears to be suffering from fatal infirmities so much so that it goes directly to the root of the case and shakes the very edifice on which the case of the complainant rests.

It is also relevant to mention here that the criminal conviction entails enigmatic and stigmatic exposures and experiences and thus it becomes of paramount importance to demand evidence of unimpeachable character and of unambiguous nature – Therefore, considering the above mentioned facts and legal positions, it would not be unjustified and completely misplaced to say that the complainant has miserably failed to prove if the impugned cheque has been issued against the discharge of any enforceable debt or liability.

Thus, in view of the totality of the circumstances and the settled position of law, the case attempted to be built by the complainant, appears to be suffering from fatal infirmities so much so that it goes directly to the root of the case and shakes the very edifice on which the case of the complainant rests. It is also relevant to mention here that the criminal conviction entails enigmatic and stigmatic
exposures and experiences and thus it becomes of paramount importance to demand evidence of unimpeachable character and of unambiguous nature.

Therefore, considering the above mentioned facts and legal positions, it would not be unjustified and completely misplaced to say that 4 of 5 the complainant has miserably failed to prove if the impugned cheque has been issued against the discharge of any enforceable debt or liability.
Preponderance of probabilities lies completely in favour of the accused. Further, the case of the complainant is required to rest on hisown leg and the same cannot be allowed to be bypassed in acasual and cosmetic manner.

Preponderance of probabilities lies completely in favour of the accused. Further, the case of the complainant is required to rest on his own leg and the same cannot be allowed to be bypassed in a casual and cosmetic manner – No merit in the present application, the same is dismissed

alka singh

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M_L_Aggarwal_Hosiery_Private_vs_M_S_Shivani_Enterprises_And_Anr_on_30_January_2020