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2020 (1) TMI 1645 - BOMBAY HIGH COURTDishonor of Cheque - Failure to establish the guilt of the respondent and acquittal of the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 - failure to consider that statutory presumptions that arose in favour of the appellant under Sections 118 and 139 of the Act - HELD THAT:- The learned Judicial Magistrate, First Class had rightly concluded that there was manipulation in the loan application and besides the resolution to sanction the loan was even prior to the application for loan which improbabilised the case of the complainant or rather probabilised the case in defence that there was no such transaction whatsoever. The learned Judicial Magistrate, First Class had therefore, rightly concluded that the respondent had successfully rebutted the presumption under Section 139 of the Act and that the appellant/complainant had failed to prove its case beyond all reasonable doubt. The complainant had failed to lead any evidence to prove the signature of the respondent on the said document nor had the complainant got the signature examined through a handwriting expert. In the face of all these observations, the learned Judicial Magistrate, First Class therefore, categorically held and rightly so that the respondent was not guilty and acquitted him of the commission of the offence punishable under Section 138 of the Act. No interference is called for with the judgment under challenge - Appeal dismissed.
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