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

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....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.....