Negotiable Instruments Act, 1881–Sec. 138–Conviction–Set aside by High Court–Justification–Appellant paid Rs. 3,50,000/- for the purchase of the house–When he knew that the respondent was not having the authority to sell the house, he sought the refund of money–Cheque of Rs. 1,50,000/- issued by the respondent for refund was dishonoured–Signatures on the agreement (Ex. P/6) and cheque (Ex. P/2) were not denied by the respondent–Presumption as provided in law has arisen–Reliability of the agreement could not have been examined up to the extent of discrepancies found in it but it was concern only up to the limited extent that there was a transaction between the parties–Grounds taken before the High Court were not taken during the trial–Findings
of conviction deserve to be restored.
