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2018 (9) TMI 506 - HC - Indian LawsDishonor of Cheque due to insufficiency of funds - Section 138 of the Negotiable Instruments Act, 1881 - Whether loan transaction existed or not? - the Court below acquitted the respondent / accused from the charges on the ground that the appellant / complainant has not proved the existing liability of the respondent. Further held that the complainant is not having any source for giving ₹ 2 lakhs as a loan to the respondent. Held that:- The Court below acquitted the respondent / accused from the charges on the ground that the appellant / complainant has not proved the existing liability of the respondent. Further held that the complainant is not having any source for giving ₹ 2 lakhs as a loan to the respondent. Moreover, the trial Court believing the documents exhibited on the side of the respondent held that the cheque pertaining to this case has not been issued by the respondent in order to discharge the loan alleged to be availed from the complainant. Now, challenging the above said order of acquittal, the present appeal has been filed. In an appeal against acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to him and the fundamental principle of criminal justice delivery system is that every person, accused of committing an offence shall be presumed to be innocent, unless his guilt is proved by a competent Court of law. Secondly, if the accused has secured an order of acquittal, the presumption of his innocence is reaffirmed and strengthened by the trial Court. Even if two reasonable conclusions are possible on the basis of evidence on record, the appellate Court should not disturb the finding of the acquittal recorded by the trial Court. Appeal dismissed.
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