Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (11) TMI 1009 - HC - Indian LawsDishonor of Cheque - Acquittal of the accused - rebuttal of presumption u/s 139 of Negotiable Instruments Act, 1881 - Whether the trial Court has committed an error in acquitting the accused on coming to the conclusion that the complainant has not proved the case and whether it requires interference by this Court? - HELD THAT:- When the accused had rebutted the evidence of the complainant, the complainant did not make any efforts to prove the fact that goods were supplied to the accused. The onus is on the complainant first to prima facie place the material before the Court for having supplied the goods and the same has not been proved. No doubt, the accused also did not enter the witness box, but, the fact remains that in the cross-examination of PWs.1 and 2, material answers are elicited regarding non-supply of the goods that there is no material for supply of goods and when such being the case, the accused has to make out his case only in preponderance of probabilities and the same has been done by the accused. It is also settled law that while reversing the judgment of acquittal, the Appellate Court can reverse the finding of the trial Court if the reasoning given by the trial Court is perverse and if the material on record is not considered by the trial Court which are available and there is some mistake apparent on the record, then only the Appellate Court can reverse the finding - there are no error committed by the trial Court or there is any perversity or non-consideration of material available on record. The Appeal is dismissed - Registry is directed to pay an amount of ₹ 3,000/- as honorarium to the learned Amicus Curiae appearing for respondent.
|