Q: Elaborate the citation of Shiv Dial Singh vs Jitender Kumar & Anr on 3 March, 2015 ?

Ans: In the citation of Shiv Dial Singh vs Jitender Kumar & Anr on 3 March, 2015, the Punjab and Haryana High Court held that when all the facts goes to show that complainant has not approached the court with clean hands and his conduct is not that of a prudent man, acquittal of an accused is just and proper.

First of all , the applicant or complainant was duty bound to exhibit that he had collected the cheque amount from his known source of income i.e. Agriculture. Admittedly, he did not fetch any evidence, whatsoever, on record of the case so as to show, even prima facie, that he has drawn the said income of Rs.2,50,000/- from his agricultural land. During the course of hearing, when a pointed question was put to learned counsel for the applicant-complainant , he had no answer as well as rightly so, because it was a matter of record. Applicant did not produce any evidence in this regard for the reasons best known to him. In fact, he was proceeding on a presumption that the complete onus would lie on the accused-respondent. Having said that, this court feels no hesitation to conclude that the learned trial court committed no error of law, while passing the impugned judgement of acquittal as well as the same deserves to be upheld.