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2015 (12) TMI 1335 - HC - Indian LawsOrder of acquittal - Cheque was bounced due to Insufficient Funds - nature of transactions - accused submitted that it had issued the cheque in question only on account of security against storage of rice and not to discharge their financial liability. - Held that:- A bare reading of the impugned judgment of acquittal would show that the learned trial Court has considered each and every relevant aspect of the matter, before passing the impugned judgment. Documentary as well as oral evidence brought on record by both the parties, was examined, considered and appreciated in the correct perspective, before arriving at a judicious conclusion. Having said that, this Court feels no hesitation to conclude that the learned trial Court committed no error of law, while passing the impugned judgments of acquittal and the same deserve to be upheld. Learned counsel for the applicant failed to point out any patent illegality or jurisdictional error in the impugned judgment, so as to enable this Court to take a different view than the one taken by the learned trial Court. Further, it is the settled proposition of law that whenever two views are possible, the view which goes in favour of acquittal, is to be followed by the courts. In this view of the matter, it is unhesitatingly held that the impugned judgment of acquittal is well justified on facts as well as in law and the same deserves to be upheld, for this reason as well. It is unhesitatingly held that the learned trial Court was well-justified on facts as well as in law, for passing the impugned judgment of acquittal and the same deserves to be upheld, for this reason as well.
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