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2015 (2) TMI 1304 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - section 138 of NI Act - Held that:- The principles applicable to grant of leave against a judgment of acquittal are well settled. The petitioner has to show that the judgment suffers from perversity or that there is clear mis-appreciation of evidence by the Court below. Merely because the appellate court may prefer a different view would not be a ground to interfere with the judgment of acquittal as the presumption of innocence stands fortified by the judgment under decree. In the present case, the accused was clearly able to raise a serious doubt about the claim of the petitioner complainant that no amount was due from the accused to the complainant on account of supply of any equipment. The accused was able to establish instances where products imported by the complainant in the name of the firm M/s Sony Impex were shown as sold to M/s Taurian Overseas; from M/s Taurian Overseas to M/s Xeon Infotech; from M/s Xeon Infotech to M/s Grafiti Infotech and the entire payment received in respect of such sale was routed back firstly into the account of M/s Xeon Infotech and from there to the account of M/s Taurian Overseas and further into the account of M/s Sony Impex - The defence of the accused that he was an employee of the complainant – receiving salary, in the form of salary and commission, was also established. Petition dismissed.
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