The main legal point established in the judgment is the presumption of innocence and the principles for interference in an appeal against acquittal.

JUDGMENT

Jasjit Singh Bedi, J. (Oral) - The prayer in the present petition is for setting aside the impugned judgment dated 11.04.2017 passed by the learned Additional Sessions Judge, Hisar, whereby the respondent-accused has been acquitted on an appeal instituted by him against the judgment of conviction dated 17.09.2013/19.09.2013 passed by the learned Chief Judicial Magistrate, Hisar.

2. The brief facts of the case are that a complaint under Section 138 of Negotiable Instruments Act was filed by the complainant/petitioner on the allegations that complainant was a partnership firm registered under the Partnership Act. Sh. Brijender Beniwal son of Sh. D.N. Beniwal was partner of the complainant firm. It was alleged that for discharging of an existing, outstanding and legally enforceable liability, the accused in favour of the complainant issued a cheque bearing No.852125 dated 31.08.2009 for a sum of Rs.1,90,000/-drawn on ICICI Bank Limited, Hisar. The above-said cheque was issued with the assurance that the same would be honoured as and when presented with the bank for collection. On the assurance of the accused, the complainant presented the said cheque for collection with his bank i.e. Punjab National Bank, Dabra Chowk Branch, Hisar but to his surprise, the same was returned back with the remarks 'Account closed' vide bank memo dated 02.09.2009. Thereafter, a registered legal notice dated 15.09.2009 was issued, calling upon the accused to make the payment of the amount of the abovesaid cheque to the complainant within fifteen days, through registered post. However, the accused refused to accept the delivery of the registered cover. Hence, the complaint was filed. After closure of preliminary evidence, the accused was ordered to be summoned to face trial under Section 138 of the Negotiable Instruments Act by the learned Trial Court on 27.10.2009. On notice, accused appeared and he was released on bail and put to trial.

3. To substantiate his case, the complainant examined Brijender Beniwal as PW-1. Thereafter, the evidence of the complainant was closed by Court order.

4. In documentary evidence, the complainant placed on record the following documents:-

5. The statement of the accused under Section 313 Cr.P.C. was recorded, wherein the accused refuted all the allegations levelled against him and pleaded innocence.

6. In defence, the accused examined Sunil Kumar, Branch Manager, SBI Mangali as DW-1, Rajender Sawant as DW-2 and himself as DW-3. In defence, the accused also placed on case file the following documents:-

7. After hearing the learned counsel for the parties and perusal of evidence and other documents on the case file, the Trial Court convicted the accused for an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced