Kar HC | Evidence not to be re-appreciated at revisional stage if lower courts return concurrent findings

Karnataka High Court: K. Natarajan, J. upheld the decision of the lower courts against the offence under Section 138 of Negotiable Instrument Act, 1881. 

The facts of the case were that the accused availed the credit facility from the complainant board by executing the documents like Hundi Agreement etc. according to which the accused was required to pay the bill amount along with the agreed rate of interest within 90 days. The cheque was thus issued for the payment which was dishonoured for the reason that payment was stopped by the drawer. When no response was given to the legal notice, the complainant lodged the complaint before the Magistrate in which the accused was held guilty and convicted and sentenced to pay fine. 

The appeal was thus preferred before the Fast Track Court (Session) XI, Bengaluru which was dismissed. Thus the revision petition against the same was filed in the aforementioned case.

The learned counsel, G.B Nandish for the petitioner contended that trial court failed to appreciate the evidence on record and the aspects about admission by the complainant witnesses. 

The learned counsel, Abdul Reyaz Khan for the respondent contended that the amount received from the accused were all adjusted in the books and the amount was due for the accused as he has issued the cheque along with the letters. The documents were appreciated by the trial court and held guilty. He, thus, prayed for dismissing the revision petition.  

High Court on noting the submission of the party held that this court cannot re-appreciate the evidence on record when there is concurrent finding of the courts below, unless there is any illegality or error committed by both the courts below which calls for interference by the court. Thus Revision petition was dismissed and accused was held guilty for the offence punishable under Section 138 of NI Act, 1881.[A.K. Aijaz Ahmed v. Naijaz Ahmed Shariff, Criminal Revision Petition No. 1386 of 2010, decided on 10-05-2019]

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