Siddhartha Chattopadhyay, J. - (1.) Doubting the correctness of the judgment dated 18.07.2016 passed by the trial court in G.A. No. 422 of 2015 and C.S. No. 301 of 2009, the defendant/appellant has preferred this appeal.
(2.) The appellant ventilated his grievances contending inter alia, that the learned Judge failed to appreciate the position of law so far as section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as N.I. Act) is concerned. He also triggered at the issue that the cheques issued by him was for getting certain amount of shares of Cherry Hills Estates Pvt. Ltd. and it was not at all a legally enforceable debt, which is the prime consideration of a proceeding under section 138 of N.I. Act. He has made a forceful submission that the learned Judge also relied on 'account confirmation statement' pertaining to the year ended on March 31, 2015 for which the cheques were issued that were ultimately dishonoured.
(3.) As against this, the plaintiff/respondent submitted that the learned trial court has considered all the material aspects in its proper perspectives and there is hardly any scope to interfere. Therefore, at this stage, we are called upon to answer on the following points :- (a) Was there any unequivocal admission by the defendant/appellant regarding claim? (b) Whether issuance of cheques tantamounts to admission of a legally enforceable debt which has been reflected in the 'account confirmation statement' showing a balance of Rs.22,45,000/- and Rs.23,77,000/-?;