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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V.PINTO
Mas Financial Sevices Ltd. – Appellant
Versus
State of Gujarat – 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 passed by the learned 2nd Additional Chief Judicial Magistrate, Rajkot (hereinafter referred to as the “learned Trial Court”) in Criminal Case No. 9924 of 2016 on 18.04.2016, 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 NI 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 company is in the business of finance and the accused had taken a loan from the complainant company by executing a loan agreement. As per the agreement, the accused had to pay regular installments, but the same were not paid and when the accounts were settled, the accused gave cheque No
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.
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....
In appeals against acquittal under NI Act s.138, High Court interferes only if perverse, misreads evidence, or sole guilt view possible; reasonable defence rebutting presumption warrants upholding ac....
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.
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.
An appellate court may not reverse a trial court's acquittal unless the trial court's findings are perverse, illegal, or grossly unjust, particularly when the evidence does not unequivocally prove gu....
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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