Acquittal appeal under Section 138 NI Act dismissed; lack of evidence, discrepancies in accused's IT Return upheld.

The appeal against acquittal under Section 138 of the Negotiable Instruments Act, 1881 was dismissed by the court. The trial court's findings, including lack of evidence of money given to the complainant, absence of receipts or agreements, and discrepancies in the accused's Income Tax Return, were upheld. The court considered the appellant's admission of receiving the cheque after the complaint date and existence of blank signed cheques. Consequently, the appeal was denied, and the acquittal was upheld.

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Issues: Appeal against acquittal under Section 138 of the Negotiable Instruments Act, 1881.

Analysis:
The judgment pertains to an appeal filed against the acquittal in a case under Section 138 of the Negotiable Instruments Act, 1881. The trial court had made certain findings, including the withdrawal of money from the complainant's bank account, the lack of evidence showing the money was given to the complainant, and the absence of receipts or agreements for the transactions. Additionally, there was uncertainty regarding whether the loan given to the accused was reflected in his Income Tax Return (ITR). The complainant also mentioned the filing of a criminal case by the accused, involving blank signed cheques, and the handing over of the cheque in question after the filing of the criminal complaint. The investigating agency found the complainant, accused, and others involved in gambling activities.

The counsel for the applicant-appellant argued for a different view but the court upheld the trial court's findings. The court noted the admission by the appellant that the cheque was handed over to him after the date of the complaint and the existence of blank signed cheques given by the accused to the appellant. Based on these findings, the court found no grounds to grant leave to appeal and dismissed the appeal against acquittal.

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