Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (2) TMI 1788 - HC - Indian LawsDishonor of Cheque - acquittal of charge under Section 138 of the Negotiable Instrument Act - rebuttal of presumption - HELD THAT:- Even considering the deposition of the accused who entered the witness box explaining the transaction, it is revealed that complainant appears to be a loan shark and charging interest @10% p.m. and appears to have misused pre-signed cheques obtained prior to advancing any amount. Not only that neither the complainant nor his advocate has courage to cross-examine respondent No.2-original accused who entered the witness box for rebutting the presumption through admissible evidence apart from preponderance of probability. The accused is supposed to rebut the presumption based on preponderance of probability only. Whereas, he is successful in this case to rebut the same by leading her own evidence. There are no reason to interfere with the order of acquittal based on sound reasonings and reached after appreciation of evidence. The applicant-original complainant has failed to make out a case to grant Special Leave to Appeal under sub-section (4) of Section 378 of the Code of Criminal Procedure, 1973 and, therefore, this application stands rejected. Application dismissed.
|