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2015 (8) TMI 1555 - HC - Indian LawsDishonor of Cheque - legally enforceable liability or not - acquittal of accused - framing of charges - presumption of innocence - Section 138 of NI Act - HELD THAT:- In the present case, there is no conclusive proof of actual payment of Rs.50,000/- by the petitioner-complainant to the accused/respondent. The petitioner has failed to show that at any point of time, he was having this amount in his account. Even the date on which the alleged transaction took place has not come either in the complainant or in the statement of the petitioner. The purpose of advancing alleged friendly loan has also not come forth. The stand of the petitioner that he had advanced the loan to the accused by taking the money from his father is also without any foundation in the absence of examination of his father as a witness. The impugned judgment passed by the learned trial Court is detailed and reasoned judgment and no fault can be found therewith. The finding of acquittal recorded by the trial Court cannot be said to be perverse or contrary to the material on record. In fact there is no infirmity in the reasoning assigned by the trial Court for acquitting the accused/respondent. It is a settled law as has been held in C. Antony Vs. K.G. Raghavan Nair, [2002 (11) TMI 353 - SUPREME COURT] that even if a second view on appreciation of evidence is possible, the Court will not interfere in the acquittal of the accused. In the cases of acquittal, there is double presumption in his favour; first the presumption of innocence, and secondly the accused having secured an acquittal, the Court will not interfere until it is shown conclusively that the inference of guilt is irresistible. The leave to appeal stands declined.
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