Criminal Misc. No.200-MA of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.200-MA of 2008 Date of decision : 26.8.2008 M/s Varsha Tea Estate .....Appellant Versus Anand Garg ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Gaurav Kathuria,Advocate for the appellant. S. D. ANAND, J. The impugned prosecution launched by the petitioner against the respondent under Section 138 of the Negotiable Instrument Act was negatived by the learned Trial Magistrate by recording a finding that the plea with regard to advancement of friendly loan of Rs.2,10,000/- was not reliable, particularly when the respondent/accused already owed a sum of Rs.52789/- to the complainant in respect of the goods supplied by the latter. Yet another finding recorded was that the impugned cheque appeared to have been issued for a sum of Rs.10,000/- and the petitioner defrauded the respondent by adding digit '2', thereby making the cheque amount read as Rs.2,10,000/-. Learned counsel for the petitioner argues that the learned Trial Court had no material before it to doubt the truthfulness Criminal Misc. No.200-MA of 2008 -2- **** of the averment regarding the impugned friendly loan. I do not buy the argument. The Trial Court noticed the relevant plea and discarded it by recording appropriate reasoning. It found that advancement of friendly loan did not sound natural particularly when the respondent already owed a sum of Rs.52,789/- to the petitioner. I find that the findings of fact recorded by the learned Trial Judge are relatable to the material obtaining on the file and there is nothing perverse in the appreciation of evidence by the learned Trial Judge. Dismissed. August 26, 2008 (S. D. ANAND) Pka JUDGE Note: Whether to be referred to Reporter: Yes/No