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Judgment
V. Jagannathan
This revision petition is disposed of finally after hearing learned Counsel for toe petitioner and respondent has remained absent despite service of notice. Petitioner is the complainant in the case that was filed by him before the trial court alleging an offence tinder Section 138 of N.I. Act against the respondent-accused. Trial court convicted the respondent for the said offence and ordered him to pay Rs. 3 lakhs as fine and in default, to undergo S.I. for six months. On appeal by the accused, the lower appellate court set aside the judgment of conviction passed by the trial court and acquitted the respondent-accused. Aggrieved by the judgment of the tower appellate court, the complainant is before this Court.
I have heard learned Counsel for the petitioner and perused the judgments of the courts below.
Submission of the petitioner''s Counsel is that, the only reason for the lower appellate court to reverse the judgment of the trial court was that the petitioner did not produce income tax returns to show that he had advanced hand loan of Rs. 2,35,000/- to the accused. It is his further submission that the lower appellate court committed on error in disbelieving the case of the petitioner and when the cheque itself was not disputed by the accused and during cross-examination, the accused had admitted having received the amount of Rs. 40,000/-, the lower appellate court could not have interfered with the judgment of the trial court. Further submission made is that the petitioner is ready to file Income tax returns in proof of having advanced loan of Rs. 2,35,000/- to the respondent. Therefore, the matter be remanded to the lower appellate court.
Having thus heard the submissions of the petitioner''s Counsel, in my view, the matter requires to be considered by the lower appellate court and the petitioner also be given an opportunity to produce necessary income tax returns in proof of having given ban to the respondent-accused.
Therefore, the judgment of the lower appellate court is set aside and the matter is remanded to the lower appellate court to consider the case afresh and petitioner is also given liberty to produce the documents on which he wants to rely to prove his case. After affording both sides an opportunity in this connection, the lower appellate court shall dispose of the matter in accordance with law within three months from the date of receipt of a copy of this order. Revision petition is allowed accordingly.