2012 (8) TMI 1234 - HC - Indian Laws

Summary

Issues involved: Condonation of delay in filing leave to appeal, appeal against judgment under Section 138 of the Negotiable Instruments Act, 1881.

Condonation of delay in filing leave to appeal:
An application was filed seeking condonation of 44 days delay in filing the leave to appeal, which was granted by the court due to sufficient cause being shown.

Appeal against judgment under Section 138 of the Negotiable Instruments Act, 1881:
The appellant filed a complaint under Section 138 of the Act against the respondent/accused for dishonour of a cheque issued as repayment of a loan. The appellant alleged providing a loan of ` 9,00,000/- to the respondent/accused, supported by evidence of cheque dishonour and legal demand notice. The trial court acquitted the accused, stating the appellant failed to prove the cheque was issued in discharge of a legally recoverable debt. The court observed discrepancies in evidence, including different inks used on the cheque, lack of loan mention in tax returns, and absence of loan details in accounts. The court emphasized the need to prove the cheque was issued in discharge of a liability beyond a reasonable doubt, which the appellant failed to establish. Consequently, the leave to appeal was refused, and the appeal was dismissed.

Separate Judgment:
No separate judgment was delivered by the judges in this case.