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2024 (6) TMI 675 - HC - Indian LawsIssues Involved: The appeal challenges the acquittal of the accused u/s 138 of the Negotiable Instruments Act, 1881. Details of the Judgment: Issue 1: Execution and Issuance of Cheque - The complainant alleged that the accused issued a cheque which was dishonored due to insufficient funds. - Trial court found the complainant failed to prove the cheque was issued in discharge of a legally enforceable debt. - Appellant argued the trial court failed to appreciate evidence correctly. - Accused argued the cheque was given as security in a chitty transaction. - Accused's evidence rebutted statutory presumptions in favor of the complainant. Issue 2: Evidence and Testimony - Complainant's evidence lacked clarity on the nature of the transaction and issuance of the cheque. - Accused's witness stated the cheque was given as security in a chitty transaction. - Accused denied any financial transaction with the complainant. - Standard of proof required to rebut statutory presumptions was discussed. Issue 3: Legal Precedents - Various legal precedents were cited regarding the burden of proof to rebut statutory presumptions. - The standard of proof required to rebut the presumption under the Negotiable Instruments Act was explained. - Appellate court should not reverse a judgment of acquittal if two views are possible. Conclusion: - The court found no reason to interfere with the trial court's finding that the accused successfully rebutted the statutory presumptions. - The appeal was dismissed, and any pending applications were closed.
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