Law: Penal Code (XLV of 1860)

Section: 489-F

(a) Penal Code (XLV of 1860)--- ----S.489-F---Dishonestly issuing a cheque---Appreciation of evidence---Appeal against acquittal---Prosecution case was that the accused-respondent issued a cheque towards repayment of loan amounting to Rs. 10,00,000/- which upon presentation was dishonoured due to insufficient funds---Record showed that the complainant did not produce the original cheque and dishonour slip before the police---Investigating Officer, who was very important witness of the prosecution case, had clearly deposed on oath that the accused was innocent, therefore, he had been placed in column No.02 of the report under S. 173, Cr.P.C.---Investigating Officer deposed nothing against the accused/respondent---Complainant had failed to produce on record any evidence showing that he had paid the amount to the accused/respondent---Record further revealed that as per clause-4 of the agreement dated 07.03.2016, executed between accused and Manager technical of a construction company, the accused-respondent issued two cheques as guarantee to the said company---Said circumstances showed the dispute between the parties, prima facie, was of civil nature, as the accused-respondent had issued the said cheque to the appellant as a guarantee of the construction work---As per the agreement executed between the appellant and the accused-respondent, the appellant was bound to return the said cheque to the accused-respondent meaning thereby that it was civil liability of contractual obligation had tried to convert the civil litigation into criminal case---Admittedly the cheque was issued as a guarantee and not for repayment of amount, as such, the provisions of S. 489-F, P.P.C. were not attracted in the case---No loan was ever lent by the complainant to the accused rather amount was for the construction through labour---Complainant had failed to produce a single evidence to prove dishonest intention of the appellant nor did he show his disgrace or feeling of shame due to dishonoring of the cheque---No illegality or irregularity was found in the impugned , nor the same was suffering from any misreading or non-reading or miss-appreciation of evidence, warranting interference…

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