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2023 (8) TMI 695 - MADHYA PRADESH HIGH COURTDishonour of Cheque - existence of legally enforceable debt or not - acquittal of accused u/s 138 of NI Act - rebuttal of statutory presumption u/s 139 of NI Act - HELD THAT:- An examination of fact situation in the instant case reveals that Rupesh Jain, PW-1 has stated that the accused has requested for loan of Rs.20,00,000/- for her personal need, but in cross-examination he could not specify on what date, month or year, he had advanced loan of such a big amount to accused Chanda Bansal. Although he had financial transactions with the husband and son of accused, but there was no transaction between him and the accused. In the opinion of this Court, learned trial Court has considered the entire material against accused on record and on reasonable appreciation of evidence, after assigning detailed and cogent reasons, has acquitted the accused/respondent. The findings of Lower Court cannot be said to be contrary to the evidence on record. The judgment is not patently illegal or perverse, therefore, no case for interference in the finding of acquittal is made out. This application for leave to appeal against acquittal deserves to be and is hereby rejected - Appeal dismissed.
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