2025 (6) TMI 1954

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....ection 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred to as 'the Act'). 2. The facts in brief are that the respondent was well known to appellant and was used to lend money from time to time from the appellant. On 03.11.2008, the respondent had borrowed Rs.2,00,000/- from the appellant in cash for two months and at the same time gave him a pre-filled cheque with the date 03.01.2009 marked on it after two months. The respondent signed it in his presence, but, the said cheque was dishonored due to payment stoppage by the Drawer, when the appellant deposited the said cheque in his PNB account, thereafter, the appellant on 14.01.2009 sent a legal notice through registered post, which was duly received by the responde....

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....bank by the appellant, which creates doubt over the conduct of respondent and learned Trial Court relied on such false and baseless story of the respondent and acquitted him from the charges under Section 138 of the Act. 6. Learned counsel for the appellant further submits that this is a fit case for reversal of acquittal, as the judgment is based on a misreading/omission to consider the material evidence on record. To substantiate his argument, he placed his reliance upon the judgment rendered by Hon'ble Supreme Court in the case of Constable 907 Surendra Singh and Anr. Vs. State of Uttarakhand rendered in Criminal Appeal No.355 of 2013, especially, on para 12, which is quoted below:- "12. It could thus be seen that it is a set....

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....ed to set out the guidelines for the appellate courts in dealing with appeals against acquittal. An overriding theme emanates from the law on appeals against acquittals. The appellate court is given wide powers to review the evidence to come to its own conclusions. But this power must be exercised with great care and caution. In order to ensure that the innocents are not punished, the appellate court should attach due weight to the lower court's acquittal because the presumption of innocence is further strengthened by the acquittal. The appellate court should, therefore, reverse an acquittal only when it has "very substantial and compelling reasons." 9. Learned counsel for the respondent contends that appellate court should be slow i....