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2023 (8) TMI 527 - HC - Indian LawsDishonour of Cheque - rejection of complaint on the ground that the cheque was presented beyond the period of its validity - burden of proof on the complainant - HELD THAT:- The cheque Ex. P/1 dated 11.02.2015 was valid for three months only. The averment in Para 5 of the complaint as also Pramod Chauhan (CW/1) in his examination-in-chief (para 5) state that on 15.05.2015 accused assured him encashment of cheque and insisted to present the cheque after couple of days. Relying on this assurance, he presented the cheque at Canara Bank, Madhav Ganj, Gwalior. This statement itself shows that cheque was presented after 15.05.2015. The clarification in para 18 and 19 of the evidence of Pramod (CW1) is an attempt in despair to bring the presentation within validity period. Thus, learned Trial Court after considering the evidence on record committed no mistake in holding that cheque was presented beyond the period of its validity. In the opinion of this Court, learned trial Court has considered the entire material against accused on record and on reasonable appreciation of evidence, after assigning detailed and cogent reasons, has acquitted the accused/respondent. The findings of Trial Court cannot be said to be contrary to the evidence on record. The judgment is not patently illegal or perverse, therefore, no case for interference in the finding of acquittal is made out. This application for leave to appeal against acquittal deserves to be and is hereby rejected - appeal dismissed.
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