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Issues involved: Appeal against acquittal u/s 138 of Negotiable Instruments Act, 1881.
Complainant's Case: The complainant filed a case for dishonour of a cheque issued by the accused. The complainant alleged that the accused had taken a loan and issued a cheque towards part payment, which was dishonoured. The Magistrate convicted the accused, but the Sessions Court acquitted him based on lack of proof of loan and non-recoverable amount. The complainant argued that the lower court's findings were contrary to evidence, emphasizing the accused's failure to respond to the notice and the signature on the cheque. The complainant also cited legal precedents to support his case. Accused's Defense: The accused contended that the Goa Money Lenders Act, 2001 applied to the case and that no loan was advanced by the complainant. The accused highlighted contradictions in the complainant's evidence and the lack of steps taken to recover the alleged balance amount. The defense relied on legal judgments to support their position. Court's Analysis: The court analyzed the evidence presented by both parties. The main issue was whether the cheque was issued for a legally enforceable debt and if the loan was actually given. The complainant's inconsistent statements regarding the purpose and source of the loan raised doubts. The court noted discrepancies in the complainant's testimony and lack of corroborative evidence. The accused denied receiving any loan, and the document presented did not support the complainant's claim. The court found that the lower court's decision to acquit the accused was justified as the burden of proof was not met. The court did not delve into the Goa Money Lenders Act applicability, as the appeal was dismissed based on the lack of loan proof and rebuttal of presumption u/s 139 of the Act. Conclusion: The court dismissed the appeal, upholding the lower court's decision to acquit the accused. The bail bond of the respondent was discharged.
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