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2019 (7) TMI 715 - HC - Indian LawsLeave to appeal - Judgment of acquittal in a case under Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT - Learned counsel for the applicant-appellant has made sincere attempt to pursuade this Court to take a different view, however, keeping in view two positive findings of the Court, one with regard to the admission of the appellant that the cheque in question was handed over to him on 14/15.07.2016 whereas the complaint is dated 30.03.2016 and in Ex.D1 which is a report submitted in previous litigation between the parties that various blank signed cheques have been given by the accused to the applicant-appellant and his accomplices, this Court does not find any ground to grant leave to appeal. Appeal dismissed.
Issues: Appeal against acquittal under Section 138 of the Negotiable Instruments Act, 1881.
Analysis: The judgment pertains to an appeal filed against the acquittal in a case under Section 138 of the Negotiable Instruments Act, 1881. The trial court had made certain findings, including the withdrawal of money from the complainant's bank account, the lack of evidence showing the money was given to the complainant, and the absence of receipts or agreements for the transactions. Additionally, there was uncertainty regarding whether the loan given to the accused was reflected in his Income Tax Return (ITR). The complainant also mentioned the filing of a criminal case by the accused, involving blank signed cheques, and the handing over of the cheque in question after the filing of the criminal complaint. The investigating agency found the complainant, accused, and others involved in gambling activities. The counsel for the applicant-appellant argued for a different view but the court upheld the trial court's findings. The court noted the admission by the appellant that the cheque was handed over to him after the date of the complaint and the existence of blank signed cheques given by the accused to the appellant. Based on these findings, the court found no grounds to grant leave to appeal and dismissed the appeal against acquittal.
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