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2015 (6) TMI 1076 - HC - Indian LawsOrder of acquittal - discharge the onus to get the benefit of the presumption available under Section 139 of the N.I. Act - Held that:- Evidently, the first respondent/accused has denied the execution of a cheque for discharging any legally enforceable debt in favour of the appellant. During the cross examination PW1 deposed that Ext.P1 was produced before him after writing and putting signature, thereon. At the same time, he would state that he was not familiar with the signature of the accused. It was taking into account such circumstances that the trial court arrived at the conclusion that PW1 had not witnessed the execution of Ext.P1 by the accused. As noticed hereinbefore, despite the specific case that the accused used to purchase goods from the complainant on credit basis and possession of documents revealing such transaction the complainant had not produced any such documents, is the specific finding of the trial court. The appellant did not have a case that he had produced any such documents. It was considering all such relevant aspects that the trial court found that the appellant had failed to discharge the onus to get the benefit of the presumption available under Section 139 of the N.I. Act. In view of the aforesaid circumstances, I am of the considered view that the appellant had failed to make out a prima facie case warranting any interference with the order of acquittal. The presumption even otherwise available in a criminal trial was reinforced in this case by the order of acquittal passed by the Court of Judicial First Class Magistrate-VII, Ernakulam. In such circumstances, a re-appreciation of the evidence is possible only if the appellant makes out a case of perverse appreciation of the evidence or that the conclusions were arrived at without any evidence at all or that the judgment is infected with an error of law.
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