9911796707
TMI Blog2023 (8) TMI 527X X X X Extracts X X X X X X X X Extracts X X X X ..... v Ganj, Gwalior. This statement itself shows that cheque was presented after 15.05.2015. The clarification in para 18 and 19 of the evidence of Pramod (CW1) is an attempt in despair to bring the presentation within validity period. Thus, learned Trial Court after considering the evidence on record committed no mistake in holding that cheque was presented beyond the period of its validity. In the opinion of this Court, learned trial Court has considered the entire material against accused on record and on reasonable appreciation of evidence, after assigning detailed and cogent reasons, has acquitted the accused/respondent. The findings of Trial Court cannot be said to be contrary to the evidence on record. The judgment is not patently ill ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case. The bank had dishonoured the cheque for the reason of insufficient fund. Learned Trial Court committed error in rejecting the complaint on the ground that the cheque was presented beyond the period of its validity. The impugned judgment deserves to be set aside. The appellant may be granted leave to appeal. Heard. Perused the record. Learned Counsel for the appellant draws attention of this Court towards para Nos. 12 and 13 of the judgement as also statement of Pramod Chauhan (CW/1) and Indira Chauhan (CW/2). Learned Counsel submits that the Trial Court has committed error in appreciating evidence of the complainant and his mother with regard to availability of funds for extending loan of Rs.8,00,000/- to the accused. Learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (4) The court should interfere only where it finds an absolute assurance of the guilt on the basis of the evidence on record and not merely because the High Court could take one more possible or a different view. (5) In exceptional circumstances and for compelling reasons the appellate Court should not hesitate to reverse a judgment of acquittal passed by the lower Court, if the findings so recorded by lower Court are found to be perverse, i.e. if the conclusions arrived at by the Court are contrary to the evidence on record, or if the Courts entire approach with respect to dealing with the evidence is found to be patently illegal, leading to the miscarriage of justice, or if its judgment is unreasonable and is based on an erroneous und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20 of the judgment on evaluation of the evidence on record held that cheque Ex. P/1 was presented for encashment beyond the period of its validity. The cheque Ex. P/1 dated 11.02.2015 was valid for three months only. The averment in Para 5 of the complaint as also Pramod Chauhan (CW/1) in his examination-in-chief (para 5) state that on 15.05.2015 accused assured him encashment of cheque and insisted to present the cheque after couple of days. Relying on this assurance, he presented the cheque at Canara Bank, Madhav Ganj, Gwalior. This statement itself shows that cheque was presented after 15.05.2015. The clarification in para 18 and 19 of the evidence of Pramod (CW1) is an attempt in despair to bring the presentation within validity peri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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