Cheque bounce case acquittal upheld as no legally enforceable debt proven under Section 138

MATHEW K. CHERIAN Versus P.S. BIJU, STATE OF KERALA

MATHEW K. CHERIAN Versus P.S. BIJU, STATE OF KERALA - TMI Issues:
The appeal questions the correctness and legality of the judgment finding the accused not guilty under Section 138 of the Negotiable Instruments Act.

Brief facts:
The complainant alleged that the accused issued a cheque which got dishonored due to insufficient funds. The accused denied the accusations and stated that he had no business transaction with the complainant.

Analysis:
The Trial Court acquitted the accused after examining witnesses and evidence. The Appellate Court considered the principles regarding appeals against orders of acquittal, emphasizing the presumption of innocence in favor of the accused.

Legal principles:
The Supreme Court has outlined that an order of acquittal should not be reversed unless manifestly erroneous or palpably perverse. The Appellate Court should not disturb the finding of acquittal unless it is so perverse that another view is not plausible.

Decision:
The Appellate Court found that the complainant failed to prove a legally enforceable debt and that there was no business transaction between the parties as alleged. The Court upheld the judgment of the Trial Court, confirming the accused's not guilty verdict under Section 138 of the Negotiable Instruments Act. The appeal was dismissed.