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    DJS - Delhi Judicial Service Exam 2022 Mains Exam Papers

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    DJS - Delhi Judicial Service Exam 2022 Mains Exam Papers

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    of 22
    anim lene DELEI JUDICIAL SERVICE EXAMINATION (WRITTEN) 2022 Duration : 3 hours Wo co) (iii) (vy) 1) g oy ) (i) (win a) ‘Maximum Marks : 250 GENERAL LEGAL KNOWLEDGE AND LANGUAGE SEEESAL LEGAL KNOWLEDGE AND LANGUAGE Important Instructions irected. Please read the questions Carefully and answer them as direct Al questions are compulsory unless specified. durin , ination begins, durin You are allowed 15 minutes time before the examination diggin, | blight Which You should read the estion paper and, if you wish, flowed and/or make notes on the ‘nso paper. However, you are not allowed, Under any circumstances, tg open ! during this the answer sheet and start writing time he answer t0 eaci h question g jin on a fresh page. This paper is to. text the eae awareness of general legal knowledge and English Tareuage. Credit will be given for gubstanice, cohesive and concise ine ction, articulation of views, ideas and Employment of appropriate ; nbpeaimbes J OurAimOurDreamPes, SECtiony ; GENERAL LEGAL: _ Write short notes in Sbout 200 words on any six of the following: The administration °f GST and its benefits Government, to the Central The Petition filed by and the significance of the Verdict and orders given by the Hon'ble Supreme Court in, 1985, The Armed Forces (Special Powers) Act, 1959, ‘The Weapons of Mass Destruction Cmendment) Bit, 2022. Wetter My rs aa The New Liquor Policy of the Delhi Gove and what they mean forthe Vendors a lowing st Specify whether te OVI ate, wets The Kothari Commission Wa set fety and protein of iéren, "Make roe safety ™MeNdations for th Page Lots, Pe Sr aa it a Committee ai) Tw gustice Vor ° Of the aor, ons of Be Tyome®: 9 Maj re Were — po M90 re, ‘i i) The Police Reforms ett of nie a handy: y- by the ¢ first wo, 4 wal Ree (i) 7 TIED Advocate of ait was fined judiciary. In August 293, phushe? vt an ; police- Supreme Court a t¥oeate Pris oreme CO the Delhi * criticizing the yunel dia. © The ‘FIR Aapke Dwar yg" bos 02 2 Carta oF ae” Se enue f hip in Part II ofthe Constitution i ese"? ieee ip vii : castruations ¢ Atticle 214. prohibits ejgions iB ate. F i ie educational institutions maintained © * ambers of a Legislature (viii) con Gas om e maxi ymber © id. 7 taust be present to male the posed vo ey General of India, i : . ttorne (ix) Soli J. Sorabjee had been appointed * At thrice. in Delhi in 1937. © ‘The first Federal Court of india was set up in Del (10 x 2 marks = 20 Marl ee or ina 3. Answer the following questions very briefly (in few words sentence). @ ‘What is the issue dealt with in the Roe vs Wade judgement? ) What was the Delhi Municipal Corporation Bill, passed by the Lok _ — =~ +-Sabhasin-April 20222 - = Git) In May 2022, what was the Supreme Court's verdict regarding the : Covid-19 Vaccination and which Article did it quote as the basis for its ruling? em) Name the two judges who were elevated to the Hon'ble Supreme Court in May 2022. se (vy) Where are the headquarters of the Intemational Criminal Court located? (reawea (7) Which two judges were responsible for introducing PIL in the judicial system of India? Pn Shaawsh J (vii) What was the Supreme Court's order regarding the Sedition Lavw, as pronounced on 11" May 2022? stay. (viii) Who has authored the book, “We, The People’? (ix) Who has authored the book, “My Tryst with Justice’? (x) When is the National Law Day or Constitution Day observed in India? # ny (10 x 2 marks = 29 Marks) JOAN se ce LAN i ona Write an essay in 500 words each ites Me education system divides) on India’s SAY during ‘andemic and its long-term "th and eon : ., political wi Gi)” Nothing is impossible theres” 108! will. ss ‘ial. SG The social media is making us 8" : ; e of a government Gf There is no better tet of excell OF #8 Sha the eticeey of its judicial system. ‘ (¥) In 2021, India slipped 28 places ae among 156 countries in th World Economic Forum's Gender Gap Pit SNY1- What does ins mean for India and how can this gaP be bridged? 2x25 marks =50 Maris) ; : ‘. ; 150 words wit Write a. precis of the following passage in about 15( Is with a ‘Suitable title, ata Ye er OP ie One of the issues that Ambedkar paid close attention to was that of power and governance. He thought that governance must reflect sociological reality as closely as possible, lest those wielding power to their advantage suppress the excluded groups. Ambedkar spent a great deal ofhis time and energy in advancing proposals for the purpose of stressing the need tarespect justice and equity. His commitment to democracy as the mode of governance was unwavering but he argued that democracy needed to become a way of life. He developed some interesting arguments on why parliamentary democracy was the most suitable form of government for India and advocated feasible modes of representation and franchise. His writings dwell extensively on such monumental issués as the presidential versus parliamentaiy form of government, the relaiionship between the executive _and legislature, the role of the judiciary and judicial review, Constitutional bodies such as the Election Commission, the federal division of powers, states in a federation, the role afte Governor, the Constitution and the legislature, constitutional amendments, po" litical parties and pilbli¢ opinion’ One of the domains that Ambedker Wes engaged in very closely was civil society, in terms of its operative dimens'°. He basically saw it as the conscience Keeper of the political sphere, dterminine the course of povernance inthe long run, Civil society is the domain in WA". M0 struggle for human values. He viewed religion as an important inst chil society, which included other TaSaeigns Soe as political partes FE apes national institutions, unions and associations. Trig @ contentious OP gion van pe disputations resulting in relatively stable zones of agree™ t. Ambeqi 2 Major role in deciding the i n agreement PedkarsToathng for violence a8 & a cl nature and stability of su page 30f5 a Mode of const issues in civil ‘Onstituti le is ci, id ing sete acy in India REY, ae farteag ing meee i ot ‘1 gemerey ae iow o saps’ the va along tt eat onl institutions, y TBanizatic Or i! 1 s his. Banization of fate of * oo it os educa! Wy his Conversion 7 Writings on the al lat ations, forms all long ay, Tm anlS event an Buddhism: th Reed for soit (20 Marks) ting people from ehicles, seatbelt, ® Seem to be create for Oe off1084 UT” Opponents aap aside mon 4 In another context, consi es putting #8ide dent Fun i : consider employe joyees” Pro Orne - i Employees’ Providest Fun, THe in equity as per the ion : ot the This is to protect estment notified by the eetal ovement: is life's savings of employees although some my think oberwise- ae ights and the Ie ist easy to find the proper bln btwn individual ih Proper balance ers May Common good. Some people will think thatthe new law goes 100 a C a fight complain that it doesn't go far enough, Ifit isto much, we can stand NP MT it, Although we may not agree with every law, some minor inconverICNSS -sbart of living in.oursecietyicas=— “ee = (30 Marks) 7. Translate the given extrat ino Pnelish: ee TE oe SE ce er soe toe afta? ara & aaa wet 7 FT Sa ae aa ar der ae et aan tag & Ree 4 AT A seh ear ae site ae gars & srmrewan are & FC AGRE, sinter after Rae ante ae ae at ardor woo TH sr ae te ae A ae By aftarst at ag aa 4 Rare ANTM ae ar cert Ret cafe sa are o Pret SHA seer ar oe FB at ara feat & 3B wot foe aad AH ater eae HF ah a et armen & ara a WE agi Ate gay athe war ow att B agra dae aroet otal Ar eater GE at arch fat cachet atk wat Pinta aa Ae attait a sxftarr dar & ator waerer 1 & der ate Ofte AY sates Rae ar vate ae A of ae aa 2) at afgerat & aeet Fa a ET 30 Marks) ri SSag rowing PASSaRes / sente i ans in te golowiee yen\choicesz. choosing the most ie 1) recants / reminisces / remanence about the ti per oo (eee o ime Sui pe Sree Univers sting (2) at /uider Jin the shade of a huge banyan tree, drinking tea 2 eee) with / in / from his favourite cup, While musing about the {interesting lectures delivered by his brilliant pose: OurAimOurDreamPCSJ ‘The judge could easily (look through / see through'/ nut the evidence put forth by the police was Re pen ee (5) exonerate exculpite/ indict him. 8 The. journalist’s description of the crime scene remained (6) esoteric Jeoavinéing / dispassionate devoid of any bias or emotion. 1 wanted to complete the assignment, but Pe haven't had / hadn’ttime to doittoday. (7) am not having / “The Assistant Registrar did not 8) b ee tothe office. © brought / britg / bought the files Reluctance to get vaccinated has beenoneofthe ____(9) on for the rise of Covid 19 cases in the world reason / reasins either ofthe two applicants __——(") W/ was suitable forthe job job. (0x2 marks =29 Marks) DELHI JUDICIAL SERVICE EXAMINATION (WRITTEN) 2022 ‘Duration :3 hours Maximum Marks : 200 ~ Important Instruetions ()) ~ Please read the questions carefully and answer them as directed. (ii). You are allowed 15 minutes time before the examination begins, during which you should read-the question paper and, if you wish, highlight and/or make notes on the question paper. However, you are not allowed, under any circumstances, to open the answer sheet and start writing during this time. (iii) The answer to each question should begin on a fresh page. (iv) Support each of your answers with reasons, relevant legal provisions and principles and also relevant case laws. 6») Byen if you do not know the answer, itis advisable to attempt as much, as the test is not only of the knowledge of law but also of analytical reasoning. ae yould amount to 1 perty Act, 1882? Exp! eae n lain. 6 property under Section 5 of the Tt ‘¢/ “Property inthe goods and risk in respect of them go together”. Are there any exception to the principle? Explain with the help of case law. ‘ransfer of Pro} 3 What are the rights of an unpaid seller? Distinguish between the unpaid seller's right of lien and right of stoppage in transit. Support your answer with the help of examples, 4. What is heritable property under Muslim Law? Compare the same with Hindu Law in reference to ancestral property of Joint Hindu Family. 5. An Owner of a plot of land is building a four ith Jurisdiction of South Delhi Muncpl Comorsion (SDM) Dee in Course of constuction, the building is sealed in pursuance of the Codes -passed by the Commissioner, SDMC. The owner disputes it and ates tee constuction is in accordance with the Building Bye-Laws and wee hen” Plans sanctioned by SDMC. What are the remedies available tothe Owen oe 6 What are the different modes of Talag under i considered tobe the best o a good Talag? the Muslim Law? Which is 4x10 marks = 40 marks) Page 1 of 6 PART-II Attempt any two out of the following three questions: ””. On proof K Froof of loss i a sine qua non for claiming “liquidated damages”. On proof ot i loss is ‘8 What are the broad 9. a or not actual damages, the person complaining of breach is entitled, whether Proved onl: y in case of elevant laws. Whether proof of actual loss is necessary ea to Public _utility projects like constuction of « road ot a project Te environmental protection? Discuss. sey Principles governing grant of “anti-suit injunction Explain with the help of relevant case laws. itis ts Whether a property can be equitably mortgaged by depositing of ee . which may not be title deeds or registered documents of title nae documents of allotment of laid by a cooperative society or a government authority? Support your answer with the help of relevant provisions of law and case laws. (2x20 marks = 40 marks) Pests ee ‘Attempt any four out of the following six questions: 10. There is a double-storey shop in an up-market in Delhi which is let out by the . There evening. It was plea chemist shop in the been permitted to us a “T? sometime in the year 1955 on a monthly rent of a eco petition under Section 14(1)(b) of the Delhi Rent aan not. 1958 is filed by the landlord against the tenant on the ground that eer ae cab er die eon aadlef eared he possession of part of the eee cubicle cican of es ea ae by letting out three small Prem to titee Medical Practitioners (MPs). The landlont alleged that the Sau ps bad a separato MINL connection in their wah Each of the three cabins had a door which could be locked, A local commiscioree ee appointed at the request of the landlord who stated in his report that at the time of inspection the cabins were not having any doors but there was a Possibility of the doors having been fixed on the cabins. Landlord has established the existence of sey arate MTNL connections in the name of three ‘MP5 in the cabin. During evidence, it is established by the tenant that the keys of the main door/shutter always remained with him, It was he (the tenant) who used to open the main shutter of the shop in the morning and close the same in the ded and established by the tenant that he was running a tenancy premises. The tenant alleged that the MPs have e the premises with his permission in order to promote The landlord has filed an appeal before the Rent Control Tribunal with the averments that once presence of third persons was established, it was for the tenant to prove that there was no monetary consideration. Decide the appeal with the help of relevant case laws. 11, _H marries W in the year 1996. Out of the wedlock a daughter D is bom in the year 1997. In the year 2014, W leaves matrimonial home along with D on the ground that the husband has been treating her with cruelty. W is employed as a teacher in a public school getting a salary of INR 50,000/- per month. Since the time W left the matrimonial home, she is staying with her parents in a DDA flat. In the year 2016, W files a petition under Section 18 read with Section 20(3) of the Hindu Adoption & Maintenance Act, 1956 to claim maintenance at the rate of INR 5,00,000/- per month for herself and daughter D of the parties. D has studied engineering and during the pendency of the maintenance petition, in the year 2020 she.is engaged to a doctor working in a reputed government hospital. An application is moved by W to claim expenses for the marriage of the daughter amounting to INR 1.25 crores. W has established that H_who is 80% shareholder of a private limited hospitality company (Bloom) is owning a resort with S-star facilities and having 52 cottages at Manali. Rest 20% shares in the company are held by close family members of H. W has also established that H owns two high ywns four luxury valued cars including a BMW. The company Bloom also o} cars, Bloom had a net profit of over INR 2 crores during the last 3 years and over INR 1.5 crores during two previous years before that, it is established before the Court that W was justifie qunt of physical abuse and cruelty meted out to her factors for determining the admissibility and laughter? Whether the wife enses of daughter D? din leaving the On facts, matrimonial home on acct by H. What are the relevant : extent of maintenance to the wife and unmarried d to any amount towards the marriage exp: is also entitled all Jn? Decide with the help of relevant case laws. If so, how muc | with X for a total sales r of a land executed an agreement to sell w t 12, An ove’ on of INR. 56,000 inthe year 1986, X paid INR 25,000/ 8 pot of sal consideration at the time of execution of the agreement - ; ne $ le Deed was agreed to be executed within 2years. — i 7 suas enn of the owner, the period of two years was extende i Page 3 of 6 3. INR 15,000/- was A further sum of 544 ied inthe yoo" 182" time of second extension. AC that ol considera 16,000/- was bee ear to re eas ideration we pe year 1994, she i on ofthe Sale Deed However despite receiving INR the time ofexceution OF "executed the Sale Dee errelated to X and is i - i tion. % $o,0008 from X towards sales consideration X. X files a suit for 10,000/- from so sell between js well as P. Both the trial court as sire ot inst the owner as Wel : i ae war asthe “Feet Appellate Court decreed the suit in favour of X, however, the Second Appellate Court reversed the concurrent finding oF the Courts a on the ground that there was no specific averment in the plaint as a under Section 16(c) of the Specific Relief Act, 1963 and that the relief of specific performance is discretionary in nature, X approaches the Apex Court stating that his readiness and willingness to perform his part of the contract was writ large from the payment of the substantial part of the sale consideration and his conduct. Decide, taking into consideration the relevant provisions of the Specific Relief Act,-1963 and the case Jaws. Sohanlal owns a parking space adjacent to a 5-star hotel where Rohan parks his car for a nominal fee. Rohan is issued a parking slip with an “owner’s risk clause. Rohan’s ear is stolen from the parking space. Since the car is insured, the insurance company settles Rohan’s claim and in turn Rohan. executes a Power of Attomey (POA) and a letter of subrogation in favour of the Insurance Company. They both file a suit against Sohanlal seeking, Payment of the value of the car afd compensation’ during’the period-Rohan remained without a car. Discuss the liability of Sohanlal, el ‘Would it make any difference if Rohan had given his car for ; the hotef staff who had ultimately parked it in the parking aoe Tanith Schanlal. While handing over the car for valet parking, Rohan was handey over a parking slip stating that the parking would be at the ‘guest's own vate The suit for recovery of value of the ear and compensation is jomnlly filed by the Insurance Company and Rohan. against the Hotel. What would be the liability, if any, of the hotel? Refer to the relevant case laws. 14. Lan owner of agricultural land passed away in the year 1951. As the only son ofL, Ginhsrited his entire property. ns. In the year 1964, G effected a partition by way of court decree and divided his property equally amongst his three sons. G passed away on 15-07-1970. One of G's son, being D, had only one son viz., A, who was born in the year 1985 through his first wife. D purportedly sold his entire share of property to H vide 2 registered Sale Deeds dated 01-09-1999 for an ostensible sale consideration of INR 487,500/-. On 21-9-1999, the two Sale Deeds were sent by the Sub-Registrat to the Collector for action under Section 47-A of the Stamp Act, 1999 as the Sale Deeds were undervalued, Before the Collector, both D & Hi admitted that no sale consideration was exchanged for the Sale Deeds and the amount was mentioned only for the purpose of registration. D got married to 11 in 1999 and subsequently in the year 2000, the Collector held that the two Sale Deeds were executed without any monetary transaction. i O10 On becoming major, in the year 2004, A filed a suit against his father, D and H for declaration that the suit property was coparcenary property and hence the two Sale Deeds executed by his father D in favour of H were illegal, null and void. A also prayed for a permanent injunction restraining H from further alienating, transferring or creating a charge over the property. During the pendency of the suit, H sold the suit property to P vide a Sale Deed dated 30- 10-2007. In the year 2011, the suit was decreed in the favour of A. it was held that the suit property was ancestral coparcenary property of D. H failed to prove that D had sold the property for either legal neceSsify of the family or for the benefit of the estate. Consequently, the Sale Deeds executed by D in favour of H were declared illegal, null and void. van, QUCAMMOURDreamPC lecision stating that A has no locus to institute the suit, since the coparcenary property ceased to exist after G partitioned the property between his three sons in 1964. A contention has also ‘been raised that A had no right to challenge the Sale Deeds executed in 1999 on the ground that the sale consideration had not been paid, since only the executant ie., D could have made such a challenge. Decide, whether the suit property was coparcenary property or self-acquired property of D? What is the validity of the Sale Deeds executed by D in favour of H in the year 1999 and the subsequent Sale Deed executed by H in the year 2007 in favour of P?, Refer to the relevant provisions and the case laws. 15. We « Manin purchased 2 plots of land in the year 1960 and consiacted rouse on it. In the year 1967, the house (suit pro was od by W~ 2 in vou oF 5 fr asim of INR T1000 Aner S yea ny ees eS , Aner 3 yeats of executi smorgnge, nt being ale to pay oJ, W excited a registered Sele en tan AQ 21241970 in favour of J for a consideration of INR 30,000/-. In the year 1978, S, son of W, filed a suit agair i h a suit against J for de i yj dated 21.11.1967 and the Sale Deed dated Tape ona a 44 a 21.12.1 it is and consequently sought cancellation of Sale Deed, Inthe shennan, eos rtgage, in case, the mortgage is held to be a is 20 Oral Git Deed dated 30.09.1970 and he was put ineoee no tush Ulaed * same day, a Will was also executed by tng pet of enn other properties which cl a averred that the Sale Deed was ex #5 deel Claimed for redemption of the mortgage, order was also dismi batred by pare Panne J also averted that the suit for declaration was ation. The suit property was mutated in the name of J after 4 § had admitted the fact a i execution of Sale Deed. During evidence, ig eviction order and mutation of J *s name in the municipal records. the suit for declaration holding that the that the Sale Deed was The Trial Court, thus, dismissed mortgage deed was legal and valid. It was also held ‘deration and cannot be assailed on the The suit for executed onpayment of due consi ground of undue jnfluence or inadequate consideration. In regard to Will, the declaration was also found. to be barred by limitation. Trial Court held that Will cannot be accepted since it does not bear the signature of the soribe and was not registered. The decision of the Trial Court was appealed by S. The First Appellate Court rejected the findings and overtumed the decision of the Trial Court. It was held that there was no necessity for W to mortgage oF sell the suit property for such inadequate consideration and J had failed to discharge the burden cast on her of proving that the Sale Deed was validly executed. It was further held that the Oral Gift and the Will have been duly proved. The High Court affirmed the findings of the First Appellate Court. The High Court also held that S is entitled to redeem the mortgage ‘and directed him to pay . ° 11,000/- for redemption of mortgage and also ordered delivery ut were right in possession. Decide: the First Appellate Col - ly, thejsuit to him ar ‘ected the Sale . Whether the High Court and cepting the eas «that algo executed the WI Deed dated 21.12.1970? nee b. Whether the High Court was right in granting the alternative relief of redemption of mortgage deed? (4x30 marks = 120 marks) see Se pe UDICIAL service EXAIn TI i ON WRITTEN) 30? jon: 2 NOurs Duration s i 20? aximum Marks * CIVIL Law y Important Itactong () Please read the questions carefilly ang. o i pion e allowed 15 minutes time bey c'"®" them as directed. pyinf (il) The answer to each question shoula by (iv) Support each of your answers with (%) Even if you do not know the answer, V/ Distinction between the 1 2 the which you should read the Eton paper radon make notes on the question paper Heed ot wih dringae, etNIaNCeS, 10 OPEN ihe guage IO" EHO during this time sheet and start examination begin’. Sight ae x01 wish, Med writ" egin on afresh page ed po reasons, relevant legal proyisionS Principles and also relevant case laws iis advisable 0 attempr as much: OF the test is not only of the knowledge of law but at of analytica reasoning. sone PART-I ‘Write short notes on any four out ofthe following six questions: aa ape action of infringement of trademark and action for passing off. % The concept of Res judicata and estoppel. oe ‘Discuss the principle and scope of primary 2” v6 which require What is the effect of non registration of a document 7 compulsory registration under the Registration Act, 19087 et and implication on the continuity of proceedings before courts an is. : in, excep Section 52 of the Copyright Act, 1957 provides for certain ©*%¢ptions tq & isi lows limited infringements of copyright and ie said provision saue nolder. We of copyrighted works without the pemmission of the copy! infris ent of copy, What are the acts which are not to be treated as infringem Pgh? 1d Secondary evidence, Gi, two examples of each. i i 1 its effect. 7 Registration of trademarks subject to foectainer one oe es ain whether any remedy for injunction would still be a ; (4x 10 marks = 40Mtas) Page tof 4 Panpal ‘Attempt Any tyy, ‘0 out of the ‘olloning shree questions: 6:7, Explain when foreign j 1B judgmeny, whic? ae a st i circumstances not concl there could be a p> tion as to oa and under Dregymplt foreign judyment- Quote relev; ant provisi ; Provision of jy anid Bive 0 examples. 17(1) (ii) (by or abit 8, Is the object of Sectio: i pa mn 9(1) (ii) (by and Se and ea Act, 1996 simile) ‘ete object of Order XX) le the Code of Civil Procedute, 19039 vi Re Please explkin when and under viet circumstances and situations, he COU “ ital Tribunal ean exer ig poets (0 Pass order in orer to 52 e amount in dispute? Give two exam?!*S- 9, Explain the following - “Principles on which Section 91 804 Seetion 92 ofthe Indian Bvidey ‘Act, 1872 are based and the differen” Petween them, Please explain PY giving four illustrations.” 2x20 marks = 40,marks) _ ke ~- =40,n pARTI Attempt any four out of the following six questions: wery of amount against defendant in the year ten statement, the defendant has taken the tion, Despite the objection, the plaintiff continued the suit. Issues ‘were duly framed, including the issue of territorial jurisdiction, evidence led and ‘the suit was finally decreed in the year 2020. ‘at ie first date of hearing of appeal, the ‘plaintiff withdraws the suit to file a ‘aah aut in the court having terior jurisdiction in ‘Mumbai. An objection ‘was raised by the defendant thet the suit was mow time barred. The period spent by the plaintiff in the earlier suit cannot be excluded under Section 14 was on the terrace, came down her cries, her husband ‘B’(PW1), wh and extinguished the fire and took her to the LNJP Hospital. The Medical Officer (PW15) opined that she had suffered 100% bum. injuries. The 1.0. recorded her statement the presence of PW15. Later on, PW15 declared tl d fit to make statement when SDM. the deceaset (PW19) also recorded her statement. Next day she succumbed to her injuries. ca rd ccused gt the ac Mas arrested on the same d, lay. On his di cused got ra from his home. Qgovered the Plas n his disctosur, iedical examination of the eekeo! the « found to have suffered fresh burst ‘both injuries on his both hands Y=! 80 In his cross-examination, the explained that:the:right ., the 1.0. the:right th hand of themdedeased were burat t the left 1b was safe, re bi ‘left thumb was Discuss the criminality of the accused, HOM fi os : a a See complaint ws 138 of the Negotiable Instrument cheque dated 28.10. 2016 of RS we fie on ae oe Gheaue dated 28.10.2016 . 1,92,000/- on inamuctions”. The complainant alleged that he used to ey wooden neat i and the said cheque was given to him by ‘B' for wooden Purchased vide Invoice no, 344 dated 28.10.2016. ‘A’ fled 2 copy of invoice bearing some cutting thereon, ‘BY placed on record a copy of a letter dated 01.10.2016 addi her banker to the effect that she los her blank signed chesne a ‘Kasturba Market where she had gone to buy some goods and for stop payment, She also filed a copy of the complaint lodged with the Police after 23 days of having lost her cheque in Kasturba Market and having, given stop payment instructions to her banker. At the time of framing notice u/s 251 CrPC, “B’ replied that the cheque was stolen by ‘A’ and she had no liability as she had already filed a complaint to the police. ed an application: before the MM under section ccused also fil Lu ¢ ane Ee that in September 2016, the complainant in her 2) of the NI'Act 145(2) of ths (> come. to her office for business purposes’ as they had to her office and stole the cheque. “B’ appeared as a witness and testified that the cheque in question and other cheques meant for payment to the suppliers by her family members used to be kept at her residence-cum-office as she used to be in the field most of the time. She admitted in her cross-examination that she was having a running account with the complainant and had put the date on the cheque in. qu: stion. a Decide the criminal liability of the accused. Sea 119, ‘B’ made &

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