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2017 (8) TMI 137 - HC - Indian LawsJudgment of acquittal - offence under Section 138 of the Negotiable Instruments Act - Held that:- It is significant to note that the complainant alleged that the respondent agreed to repay ₹ 5,00,000/- with 24% interest. However, she has not produced any acceptable material to show that the respondent agreed to pay interest. Except the disputed document, namely, the cheques Ex.P.1 there is no reliable evidence to show that the complainant has lent ₹ 10,00,000/- to the respondent. The mere oral evidence of D.W.1 is not sufficient to hold that she had lent money to the respondent. The complainant has not been able to show any material to indicate that he has got so much money on the relevant dates to lend as claimed by her. Thus the complainant has not proved that the cheques in question were issued for the discharge of legally enforceable debt. The appellant has not proved his case for an offence under Section 138 of the Negotiable Instruments Act. The view taken by the Trial Court is permissible on the evidence on record. The appreciation of evidence by the Trial Court is not perverse. The reluctance on the part of the appellate court in interfering with such conclusions is fully justified. There is no ground to interfere with the judgment of acquittal.
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