Back
SANJAY VASHISTH
Babu Khan – Appellant
Versus
Hitesh Finance Company – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
Appellant - Babu Khan, has filed present appeal, challenging the judgement of conviction dated 18.10.2012, and order of sentence dated 19.10.2012, passed by the Court of Ld. Addl. Sessions Judge, Ambala (Appellate Court), whereby, the appellant has been convicted for committing an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (in short 'NI Act').
2. Cheque No. 630994, dated 18.05.2004, amounting to Rs.96,660/- was issued by the appellant (accused) payable at Punjab National Bank, Mullana, but the same got bounced and vide memos of the Bank (Ex.P2, P3 & P4), bouncing of the cheque was informed to the respondent. After issuance of legal notice (Ex.P5), respondent (complainant) filed Criminal Complaint No. 844/2, dated 17.07.2004/28.09.2008, before the Court of Judicial Magistrate Ist Class, Ambala Cantt. (in short 'Ld. Trial Court').
3. Ld. Trial Court acquitted the accused (appellant herein) by recording its findings in paragraphs Nos. 14, 16 & 17 of its judgement dated 24.09.2010. Para Nos. 14, 16 & 17 of the said judgement says as under:-
A victim can appeal an acquittal in a criminal complaint case only to the High Court under S.378(4) Cr.P.C., while a complainant must seek court permission for appeal.
The complainant's right to appeal against acquittal lies under Section 378(4) Cr.P.C. only before the High Court with special leave. The Sessions Court does not have the jurisdiction to entertain an ....
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....
Point of Law : Dishonour of cheque - Presumption in favour of the holder is apparent on the face of record. Therefore, it is required to be presumed that cheques in question were drawn for considerat....
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 appellate court must respect trial court findings of acquittal unless substantial errors are demonstrated, maintaining the presumption of innocence.
The presumption of innocence is reinforced in acquittal cases, with the burden of proof on the complainant to establish the enforceable debt and financial capacity.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
