TMI Blog2023 (8) TMI 695X X X X Extracts X X X X X X X X Extracts X X X X ..... ncial 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. - HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR FOR THE A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Bansal and the appellant. The alleged loan was extended to respondent as both the families had regular financial transaction between them. Learned Trial Court has failed to appreciate that onus of showing absence of legally recoverable debt or liability was on the respondent. The only defence of respondent was that the cheque in question was stolen by the present appellant but the probability of said defence was not established. The defence witness, Raman Agrawal admitted that no report was made regarding theft of the cheque. The acquittal of respondent under Section 138 of NI Act is bad in law, therefore, leave to appeal may be granted to appellant against the impugned judgment of acquittal dated 21.07.2022. Learned counsel for the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AIR 2013 SUPREME COURT 3033, following broad principles may be culled out:- (1) The appellate Court has full power to review, re-appreciate and reconsider the evidence etc. (2) The code of Criminal Procedure 1973 puts no limitation, restriction or condition on the exercise of such power and an appellate Court on the evidence before it may reach its own conclusion both on the questions of fact or of law. ( 3 ) The reversal of the acquittal can be made only if the conclusions recorded by the learned trial Court do not reflect a possible view. Possible view denotes a conclusion which can reasonably be arrived at regardless of the fact whether it is agreed upon or not by the higher Court. (4) The court should interfere only where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Learned trial Court on critical evaluation of attending circumstances doubted existence of loan transaction, therefore, relying upon the law laid down in case of Krishna Janardhan Bhat vs Dattatraya G. Hegde (2008) 3 MPLJ 109 and Rev.Mother Marykutty vs Reni C Kottaram Anr (2012) 1 SCC 327, held that accused was successful in rebutting presumption under Sections 139 and 118 of NI Act that the cheque was issued for discharge of legal debt or liability. In aforesaid circumstances, in the opinion of this Court, learned trial Court has c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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