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TMI Blog2024 (6) TMI 1037X X X X Extracts X X X X X X X X Extracts X X X X ..... f attorney, the Managing Director of the complainant federation appointed the Branch Manager as the general attorney. However, there was no clause in the in the power of attorney dated 28.06.1995, executed in favour of the Branch Manager, ratifying the acts of Branch Manager retrospectively. It comes to the fore that on the date the complaints were filed by Sh. A.N. Pillai, Branch Manager, acting on behalf of the complainant federation, there was no such power of attorney duly authorizing the Branch Manager to file the said complaints. The power of the Appellate Court to unsettle the order of acquittal on the basis of re-appreciation of the evidence is subject to the settled law that where two views are possible and out of the two, one poin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y learned Judicial Magistrate Ist Class, Jalandhar in Complaint Case No.1 25/2/1997 and No.1 24/2/1997, filed under Section 138 of the Negotiable Instruments Act, 1 881 (hereinafter referred to as NI Act), respectively. 2. This common order of mine shall dispose of both of the above mentioned appeals since they arise out of same factual background with only difference being the cheque amount, the details of which are as follows : - Appeal before this Court Appeal before ASJ, Jalandhar Complaint before JMIC, Jalandhar Cheque details CRA-S-440-SBA- 2002 CRA-No.20 of 1999 No.125/2/1997 JLA-0513418 dated 22.12.1994 For Rs.92,250/- CRA-S-441-SBA- 2002 CRA-No.21 of 1999 No.124/2/1997 JLA-0513419 dated 22.12.1994 For Rs.62,000/- 3. For the sake of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the same before the learned Additional Sessions Judge, which was allowed and his conviction and sentence was set aside. Discontented by the judgment of acquittal passed by the lower Appellate Court, the complainant has approached this Court by way of the present appeals. 5. Learned counsel for the appellant inter alia contends that that the respondent categorically admitted his signatures on the cheques in question and issuance of the said cheques when he stepped into the witness box as his own witness as DW1. It was also admitted by him that he was present at the address where the demand notice was served on that very day. Learned counsel for the appellant vociferously contends that Sh. A.N. Pillai had the locus standi to file the crim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Manager retrospectively. It comes to the fore that on the date the complaints (supra) were filed by Sh. A.N. Pillai, Branch Manager, acting on behalf of the complainant federation, there was no such power of attorney duly authorizing the Branch Manager to file the said complaints. Furthermore, the complainant federation failed to produce any evidence to prove whether it is a Corporation or a Company registered under the Companies Act or a Cooperative Society. In the matter at hand, the Branch Manager who filed the complaints (supra) had no such power of attorney executed in his favour on the date the said complaints were filed. Albeit, a power of attorney was executed in his favour, the same was done much later, i.e., after the complaints h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that where two views are possible and out of the two, one points towards the innocence of the accused, the view which favours the accused should prevail over the other pointing towards his guilt. Furthermore, the trial Court has the additional advantage of closely observing the prosecution witnesses and their demeanour, while deciding about the reliability of the version of prosecution witnesses. (See H.D. Sundara and others Vs. State of Karnataka, Criminal Appeal No.247 of 2011 decided on 26.09.2023; Kali Ram v. State of H.P., 1973 (2) SCC 808 and Chandrappa and others v. State of Karnataka, (2007) 4 SCC 415). A Division bench of this Court in the judgment passed in State of Haryana Vs. Ankit and others CRM-A No.3 of 2022 decided on 06.07. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to its own conclusion. (4) An appellate Court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court. (5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court. 11. In view of the above discussion, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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