2020 (11) TMI 501 - HC - Indian Laws

Dishonor of Cheque - acquittal of acused - the trial court found that the accused is not guilty under Section 138 of the Negotiable Instruments Act - Existence of offence punishable u/s 138 of NI Act or not - HELD THAT - The trial court after considering the entire oral and documentary evidence came to the definite conclusion that the accused is not guilty under Section 138 of the Negotiable Instruments Act. The lower court after perusing the oral and documentary evidence came to such conclusions. There are no no reason to interfere with the finding of facts by the trial court - Criminal Appeal dismissed.

Summary

Issues:
1. Whether the accused committed the offence under Section 138 of the Negotiable Instruments Act.

Analysis:
The appellant filed a complaint against the 2nd respondent for prosecution under Section 138 of the Negotiable Instruments Act, alleging that the accused issued a cheque that was dishonored due to insufficient funds. The trial court acquitted the accused, leading to the appellant filing a Criminal Appeal challenging the acquittal.

The appellant's counsel argued that the evidence presented, including the execution of the cheque, along with the documents, proved the offence under Section 138. It was contended that there was a presumption in favor of the complainant regarding the cheque's execution. On the other hand, the accused's counsel submitted that the trial court thoroughly considered all evidence and concluded that the accused was not guilty, urging the appellate court not to interfere in the acquittal.

The crucial point for consideration was whether the accused committed the offence under Section 138 of the Negotiable Instruments Act. The trial court, after examining all oral and documentary evidence, found the accused not guilty under Section 138. The court highlighted various circumstances, including related transactions and the lack of evidence on the accused's chitty transaction with another party, which raised doubts about the complainant's case. The court emphasized that the accused only needed to establish the probability of his case, not prove it beyond a reasonable doubt.

Ultimately, the appellate court upheld the trial court's decision, stating that there was no reason to interfere with the well-considered judgment. The Criminal Appeal was dismissed, affirming the acquittal order issued by the Judicial First Class Magistrate Court II, Aluva, on the basis that the complainant failed to prove the accused's guilt under Section 138 of the Negotiable Instruments Act.