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        Case ID :
        Indian Laws

        Dishonor of cheque case - accused acquitted - rebuttal of...

        Cheque dishonor case acquittal upheld - plausible defense of investment, not loan. Petitioner failed to prove Rs.14L loan claim.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Dishonor of cheque case - accused acquitted - rebuttal of presumption u/ss 118 and 139 of NI Act. Appellate Court has wide powers to re-appreciate evidence in appeal against acquittal but must exercise caution as presumption of innocence strengthened by acquittal order. Supreme Court guidelines on appeals against acquittal followed. Respondent's defense found plausible - cheque given for investment, not loan. Petitioner failed to substantiate Rs. 14 lacs loan claim. Presumption u/s 114 Evidence Act applied against Petitioner for non-production of accounts. No infirmity found in Appellate Court's findings based on preponderance of probabilities. Leave to appeal dismissed.
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