Complaint u/s 138 of NI Act – Out of it the complainant had received Rs.1,53,500/- from the respondent -- Cheque in question was for an amount of Rs.3,20,000/- -- It does not appeal to reason that the respondent would still issue a cheque for Rs.3,20,000/- to the complainant -- Complainant himself produced photocopy of the affidavit, whereby the respondent sold the said vehicle in the year 2003 -- It casts a shadow of doubt whether the respondent actually issued a cheque to the complainant in the year 2005 or not -- Trial court rightly granted the benefit of doubt to the respondent, acquitting him from the charges levelled against him.

(P&H HC) Decided on: 05.10.2015