2018 (8) TMI 1237 - HC - Indian Laws

Appellate court overturns conviction, acquits accused in cheque dishonor case due to evidence discrepancies.

Abdul Hameed S/o. Zackariya Versus Jayaperumal

Abdul Hameed S/o. Zackariya Versus Jayaperumal - TMI Issues involved:Appeals against acquittal under Section 138 of the Negotiable Instruments Act - Dispute over financial assistance and dishonored cheques - Discrepancy in evidence - Allegations of non-repayment and issuance of legal notice - Conviction by trial court and subsequent acquittal by appellate court.Detailed Analysis:1. Dispute over Financial Assistance and Dishonored Cheques:The appellant filed two private complaints against the respondent for borrowing sums of money and issuing two cheques which were subsequently dishonored due to insufficient funds. The trial court found the accused guilty under Section 138 of the Negotiable Instruments Act and sentenced him. However, the appellate court acquitted the accused based on re-appreciation of evidence.2. Discrepancy in Evidence:During the trial, witnesses were examined on both sides, and documentary evidence was presented. The defense claimed that the accused did not know the complainant and had not borrowed any money. The appellate court accepted the defense's version, highlighting discrepancies in the evidence presented by the complainant and the defense witnesses.3. Allegations of Non-Repayment and Legal Notice:The complainant alleged non-repayment and issued a legal notice to the accused. The defense argued that the accused did not borrow any money and the cheques were given as a show for arranging funds through a third party. The appellate court considered the lack of specific details regarding the borrowal date and the absence of crucial documents like a pro-note in favor of the accused.4. Conviction and Acquittal:The trial court convicted the accused, but the appellate court acquitted him based on the defense's version and discrepancies in the complainant's evidence. The appellate court found that the complainant failed to prove a legally enforceable pre-existing debt in support of the dishonored cheques, leading to the acquittal of the accused under Section 138 of the Negotiable Instruments Act.5. Judgment and Conclusion:After analyzing the evidence and arguments presented by both parties, the court upheld the appellate court's decision to acquit the accused. The court found that the appellate court's judgment was well-considered, merited, and devoid of faults, leading to the dismissal of the criminal appeals and confirming the acquittal of the accused under Section 138 of the Negotiable Instruments Act.