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Issues Involved: Application for leave to file appeal against the acquittal of the respondent No. 1 accused u/s 138 of Negotiable Instruments Act, 1881.
Summary: Issue 1: Absence of documentary evidence to substantiate the advance of loan The complainant alleged that she advanced a loan to the accused for repairs, but failed to provide any documentary evidence or receipt. The complainant's claim was not reflected in her income tax returns, raising doubts about the veracity of the transaction. The court referred to a previous case where a similar lack of evidence led to an acquittal, emphasizing the importance of documentary proof in such cases. Issue 2: Circumstances surrounding the delivery of the cheque The complainant admitted that the cheque was not directly delivered by the accused but by another individual. There was no clear explanation regarding how the cheque came into the possession of this individual or the complainant. The accused claimed that the cheque was part payment for a motorcycle, supported by the purpose of the account from which the cheque was drawn. The court noted the absence of evidence regarding the circumstances of the cheque delivery and the purpose of the account, leading to the reasonable view taken by the Magistrate in acquitting the accused. In conclusion, the application for leave to appeal was rejected based on the lack of documentary evidence supporting the loan transaction and the reasonable view taken by the Magistrate regarding the circumstances of the cheque delivery and the purpose of the account.
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