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HIGH COURT OF GUJARAT
S.V. PINTO
Patel Shankarbhai Virchanddas – Appellant
Versus
Chaudhri Kirtibhai Veljibhai Owner of H.K.Overseas – Respondent
ORDER :
1. The present application is filed by the applicant – original complainant under Section 378 (4) of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking leave to file an appeal against the judgment and order dated 23.08.2022 passed by the learned 2nd Judicial Magistrate First Class, Mehsana in Criminal Case No. 3971 of 2020, whereby the original accused – respondent herein came to be acquitted from the charge leveled against him under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act”).
2. The brief facts culled out from the memo of the present application as well as the impugned judgment are as under :
2.1. The applicant - original complainant had filed a complaint under Section 138 of the N.I. Act against the respondent No.1 - original accused mainly stating that the respondent No. 1 – original accused had borrowed an amount of Rs.5,00,000/- from the applicant-original complainant for his business and the amount was paid by the applicant-original complainant from his savings and the amount was to be returned within a period of six months. That, as the respondent No. 1 – original accused did not pay up the amount within th
The appellate court has the authority to review evidence in acquittal cases but must uphold the presumption of innocence and respect the trial court's findings unless compelling reasons exist.
The presumption under Section 139 of the Negotiable Instruments Act must be drawn in favor of the holder of the cheque, and misinterpretation of evidence by the Trial Court warrants leave to appeal.
The statutory presumption under Section 139 of the Negotiable Instruments Act must be applied in favor of the holder in due course unless effectively rebutted by the accused.
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 ....
The presumption under Section 139 of the Negotiable Instruments Act must be drawn in favor of the holder unless rebutted, and misinterpretation of evidence by the Trial Court can lead to a successful....
In an appeal against acquittal, the appellate court may only interfere if the trial court's decision is perverse or illegal, reinforcing the presumption of innocence.
The complainant must substantiate claims of loan and repayment; initial presumptions do not relieve him of the burden to prove a legally enforceable debt.
The appellate court's decision was based on the time-barred debt and absence of legally enforceable debt, leading to the acquittal of the accused.
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