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TMI Blog2012 (7) TMI 1171X X X X Extracts X X X X X X X X Extracts X X X X ..... at the respondent on 30th June, 2006 took a friendly loan of Rs. 2,60,000/- from the appellant with a promise to repay the same within two months. Respondent issued a cheque towards discharge of the said loan which was dishonoured on the ground of 'insufficient funds' on 30th August, 2006. Hence the present complaint was filed. 2. The respondent's contention before the trial court was that he was informed about the dishonour of cheque on 30th August, 2006. Immediately thereafter he made part payments to the complainant, i.e., Rs. 75,000/- on 04th September, 2006 and Rs. 1,00,000/- on 11th September, 2006 towards the said amount of Rs. 2,60,000/- . Both these payments were deposited in the complainant's account by way of cheq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of some other transaction appears to be a mere bald averment. It is for reason that the voluntary deposition of complainant during his cross examination that the payment of Rs. 1,75,000/- was against the payment of some other transaction came out only after all the questions of defence counsel on that aspect were already over. The prudence required him to volunteer the aspect of some other transaction as soon as the first question of part payment of Rs. 75,000/- was asked to him. It appears that the voluntary deposition was merely to cover up the adverse impact of his earlier admissions to the questions of payment of Rs. 1,75,000/- by accused to him. The complainant could also not provide any explanation or detail of some other transaction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2,60,000/- i.e. cheque amount was illegal and invalid. Thus, in the absence of demand of amount actually payable to recoverable , the legal demand notice issued by complainant to accused becomes illegal, invalid and bad in the eyes of law. In view of the settled proposition of law that the offence u/s 138 of the Act stands completed and committed only on service of a valid legal demand notice, the offence in the present complaint cannot be deemed who have been completed/committed. Therefore, the factual matrix of the present matter duly falls in sync with the observations of the Hon'ble High Court of Delhi in the aforementioned case. 28. In the opinion of the Court, the aforesaid discussion goes on to establish that accused has rebutte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the trial Court. In fact, the Supreme Court in Chandrappa Ors. Vs. State of Karnataka, (2007) 4 SCC 415 while referring to previous cases laid down the following general principles regarding the powers of appellate court while dealing an appeal against an order of acquittal:- 42. From the above decisions, in our considered view, the following general principles regarding powers of appellate Court while dealing with an appeal against an order of acquittal emerge; (1) An appellate Court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate Court on the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - 40. Unquestionably, the Appellate Court has power to review and re-appreciate the entire evidence on record. The appellate court would be justified in reversing the judgment of acquittal only if there are substantial and compelling reasons and when the judgment of the trial court is found to be perverse judgment. Interfering in a routine manner where other view is possible is contrary to the settled legal position crystallized by aforementioned judgments of this Court. The accused is presumed to be innocent until proven guilty. The accused possessed this presumption when he was before the trial court. The trial court's acquittal bolsters the presumption that he is innocent. This fundamental principle must be kept in view while dealing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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