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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO, J.
Mas Financial Services Limited – Appellant
Versus
State Of Gujarat & Anr. – Respondent
JUDGMENT :
S.V. PINTO, J.
1. The present appeal is filed by the appellant – original complainant under Section 378(4) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 02.06.2016 passed by the learned 4th Additional Chief Judicial Magistrate, Palanpur in Criminal Case No. 5104 of 2014, whereby the respondent No. 2 - original accused came to be acquitted from the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the N I Act”).
1.1 The parties are hereinafter referred to as “the complainant” and “the accused” as they stood in the original case for the sake of convenience, clarity and brevity.
2. The brief facts culled out from the memo of the present appeal as well as the impugned judgment and order and paper book filed by the complainant are as under:
2.1 The complainant filed a complaint against the accused under Section 138 of the N.I.Act as the accused had taken a loan of Rs. 45,000/- and agreement No.241698 was executed. As per the agreement, the accused had to pay the amount of loan in regular installments, but the same were not paid and the accused cancelled the loan and gave cheque No.403900 dated
In acquittal appeals, the appellate court respects the presumption of innocence and can only overturn a trial court's acquittal if it is perverse or based on a misreading of evidence.
The court affirmed that the presumption under Section 139 of the NI Act can be rebutted, and the burden remains on the complainant to substantiate the existence of a legally enforceable debt, failing....
The complainant must prove the existence of a legally enforceable debt in a Section 138 NI Act case, and discrepancies in testimony can undermine the presumption of consideration.
An appellate court has broad powers to review acquittals but must respect the presumption of innocence and only interfere if the trial court's decision is manifestly erroneous or perverse.
An appellate court reviewing a trial court's acquittal must respect the presumption of innocence unless the judgment demonstrates clear and manifest errors in the consideration of evidence.
The appellate court has the authority to review evidence in acquittal appeals, but must respect the presumption of innocence and ensure that any findings against the accused are based on substantial ....
Point of law : Presumption Under Section 139 is a rebuttable presumption and the onus is on the accused to raise the probable defence. The standard of proof for rebutting the presumption is that of p....
Point of Law : Presumption Under Section 139 is a rebuttable presumption and the onus is on the accused to raise the probable defence. The standard of proof for rebutting the presumption is that of p....
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