Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 133 - BOMBAY HIGH COURTAcquittal of respondents for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - Whether the said Rajiv Shivji Sharma was entitled to claim that he was a Proprietor of the appellant M/s Century Steel Traders? - whether cheque in question was indeed signed by the respondents or that the same had been issued in discharge of legal debt or liability? Held that:- The trial Court took into consideration the entire evidence and material on record and found that not only was the appellant unable to prove that the said Rajiv Shivji Sharma was its Proprietor, but it had also failed to prove that the disputed cheque pertained to discharge of legal debt or liability. The entire case of the appellant was rendered suspicious and not believable. The analysis of the evidence and material on record by the trial Court cannot be said to be erroneous and the findings are not perverse. It is certainly a possible view taken by the trial Court on the basis of the oral and documentary evidence on record. Not only was the complaint filed by a person who had no authority to file the same, but the signatures on the disputed cheque and other documents appeared to be forged and in any case, there was lack of credible evidence to show that there had been transactions between the parties for which the respondents had issued the cheque in discharge of legal debt or liability. It is trite that in criminal jurisprudence when two views are possible, the view that is in favour of the accused is to be adopted. The trial Court in the present case has taken a possible view of the matter and there is no reason why the same is required to be reversed. The appellant has failed to demonstrate any justifiable reason for interfering with the impugned order passed by the trial Court. The present appeal is found to be without any merit and it is dismissed
|