Admittedly, there was no receipt involved in the cases pertaining to the cheques of Rs.3,00,000/- and Rs.4,00,000/- which were the subject matter of two other cases, one of which came to be acquitted by Judgment dated 3-2-2010 and the other was not filed after the complaint was returned to the complainant. There are several reasons why the case relating to the cheque of Rs.3,00,000/- filed by the complainant failed, and one of them is that the learned trial Court drew adverse inference against the non examination of the brother-in-law of the complainant Shri Uday Kavlekar to whom the said amount of Rs.3,00,000/- was to be paid but whom the accused himself has examined in this case. The other, the learned J.M.F.C. found that the complainant had not disclosed that the transaction in respect of those cheques was between the said brotherin-law of the complainant and the parents of the accused. The learned J.M.F.C. had also observed that the complainant was not even able to substantiate his case set out in the examination-in-chief apart from the fact that it lacked corroboration. Indeed, the learned J.M.F.C. drew an adverse inference against the complainant for not examining the said brother-in-law in view of the somersault made by the complainant in his cross-examination.
