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2015 (8) TMI 1522 - HC - Indian LawsDishonor of Cheque - repayment of friendly loan advanced by the complainant - loan in contravention of the provisions of Bombay Money Lenders Act - legally enforceable debt or not - section 138 of the Negotiable Instruments Act - HELD THAT:- The view taken by the Magistrate was a reasonable one and based on the evidence adduced before him. There were a number of suspicious features about the case of the complainant which have been reflected in the judgments delivered by the learned Magistrate. On considering the facts of the case, even this Court feels that the possibility of the complainant having taken blank signed cheques from the accused, is apparent, and in any case, cannot be ruled out. Moreover, since the complainant has advanced a similar loan to a number of persons, the transactions in the present two cases are quite likely to be of the type which the provisions of the Bombay Money Lenders Act prohibit. The conclusion arrived at by the learned Magistrate that the cheques in question could not be said to have been issued for the discharge of a legally enforceable debt or other liability, does not appear to be suffering from any infirmity or illegality. On a careful consideration on the facts of the case, it appears that in reality, there was no genuine transaction on the basis of any bill of exchange. The complainant simply had advanced some amounts to the accused No. 1 on interest, and had in all probability, taken the blank hundies and blank signed cheques at that time itself. There is a reason to believe that the complainant was advancing money as and by way of a business of money lending without having a valid licence. This conclusion that was arrived at by the learned Magistrate cannot be said to be suffering from any infirmity or illegality. It is well settled that while dealing with Appeal from the order of acquittal, this Court would not interfere with the view taken by the trial Court, if the same would be a possible view. It is well settled that when two views of the matter are possible on the basis of the evidence adduced before the trial court, and the trial court has taken one of them leading to acquittal, then the appellate Court would not interfere with the order of acquittal. Appeal dismissed.
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