2025 (6) TMI 1954 - HC - Indian Laws

Dishonour of Cheque - acquittal of accused - statement of respondent/accused person was recorded under Section 313 of the Cr.P.C. in which he denied the appellant s story - HELD THAT - The finding recorded by the learned trial court is quite convincing and needs no interference as from a bare reading of the material available on record it is clear that the facts mentioned even taken on their face value won t make out a prima-facie case against the respondent as the appellant was doing an ordinary private job i.e. making shutters where such a big amount of Rs.2, 00, 000/- came from which he had given to the respondent this creates doubt in the mind of learned Trial Court and since the appellant did not prove that he had given Rs.2, 00, 000/- to the respondent learned Trial Court had rightly acquitted the respondent. There is yet another aspect of the matter. The respondent has been acquitted. In appeal against acquittal it is held by Hon ble Apex Court in catena of judgments that the Courts should be slow in interfering in the judgments of acquittal as the innocence of the accused is further reinforced by his acquittal. Unless and until there is perversity in the judgment of acquittal the same should not be interfered with. It is trite law that that while hearing the appeal against acquittal the power of reviewing evidence must be exercised with great care and caution. In order to ensure that the innocents are not punished the appellate court should attach due weight to the lower court s acquittal because the presumption of the innocence is further strengthened by the acquittal. The appellate court should reverse an acquittal only when there are very substantial and compelling reasons . The trial court has passed an elaborate judgment for recording the finding of acquittal and this Court does not want to reiterate the same for the sake of repetition. Learned counsel for the appellant could not argue any ground so as to interfere with the well reasoned judgment passed by the trial court. Appeal dismissed.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this appeal are:

• Whether the respondent committed the offence under Section 138 of the Negotiable Instruments Act, 1881 by issuing a cheque that was dishonored due to stoppage of payment;
• Whether the appellant successfully proved the existence of a debt or liability owed by the respondent to the appellant;
• Whether the trial court erred in acquitting the respondent by misreading or omitting to consider material evidence on record;
• Whether the appellate court should interfere with the acquittal recorded by the trial court in the absence of patent perversity or compelling reasons;
• Whether the respondent's defense of loss/misplacement of the cheque book and prior stoppage of payment on the cheque was rightly accepted by the trial court;
• Whether the appellant's failure to produce certain witnesses and documentary evidence affected the prosecution's case;
• Whether the conduct of the respondent in reporting the loss of cheque book and stopping payment on the cheque before presentation raises suspicion or creates doubt about his guilt.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Whether the respondent committed offence under Section 138 of the Negotiable Instruments Act

Legal framework and precedents: Section 138 of the Negotiable Instruments Act penalizes the drawer of a cheque if it is returned unpaid due to insufficient funds or stoppage of payment, provided certain procedural requirements such as issuance of notice and failure to repay the amount within stipulated time are met. The Supreme Court's guidelines in appeals against acquittals emphasize that interference is warranted only if the acquittal is perverse or based on misreading of evidence.

Court's interpretation and reasoning: The trial court acquitted the respondent on the ground that the appellant failed to prove the essential ingredient of debt or liability. The appellate court noted that the respondent denied borrowing the money or issuing the cheque and contended that the cheque book was lost and payment was stopped prior to presentation. The appellant's claim of loan was not corroborated by independent witnesses or documentary proof beyond a diary entry.

Key evidence and findings: The appellant produced two witnesses but did not call them for trial. The diary maintained by the appellant purportedly containing loan entries was not sufficient to establish the transaction conclusively. The respondent's evidence and bank records showed that he had reported loss of cheque book and requested stoppage of payment before the cheque was presented. The trial court disbelieved the appellant's witnesses and accepted the respondent's defense.

Application of law to facts: Given the lack of cogent evidence proving the loan and issuance of cheque for discharge of debt, and the presence of plausible explanation for dishonor of cheque, the trial court held that the offence under Section 138 was not made out.

Treatment of competing arguments: The appellant argued that the respondent's conduct in reporting loss of cheque book just prior to cheque presentation was suspicious and amounted to conspiracy to evade liability. The appellant also contended that failure to call witnesses was fatal to the defense. However, the court observed that suspicion alone cannot substitute for proof and that the appellant's own failure to produce material witnesses weakened the prosecution case.

Conclusions: The court upheld the trial court's finding that the offence under Section 138 was not established beyond reasonable doubt.

Issue 2: Whether the trial court erred in acquitting the respondent by misreading or omitting material evidence

Legal framework and precedents: The appellate court referred to the Supreme Court's ruling that interference with acquittal is justified only if the judgment suffers from patent perversity or is based on misreading/omission of material evidence, and where no two reasonable views are possible except the one consistent with guilt.

Court's interpretation and reasoning: The appellate court found the trial court's reasoning to be elaborate and convincing. The appellant failed to demonstrate any misreading or omission of material evidence. The court noted that the appellant did not challenge the trial court's findings with any substantial ground.

Key evidence and findings: The trial court had considered the appellant's diary entries, respondent's denial, bank records of stoppage of payment, and the absence of witnesses supporting the appellant's claim. The appellate court found no material on record overlooked or misapprehended.

Application of law to facts: The appellate court applied the principle of judicial restraint in appeals against acquittals and declined to interfere in the absence of compelling reasons or perversity.

Treatment of competing arguments: The appellant's reliance on suspicion and non-production of witnesses was insufficient to overturn acquittal. The respondent's defense was plausible and accepted by trial court.

Conclusions: The appellate court held that the acquittal was justified and did not warrant interference.

Issue 3: Whether the appellate court should interfere with acquittal in absence of perversity or compelling reasons

Legal framework and precedents: The court relied on the Supreme Court's guidelines emphasizing that appellate courts should be slow in interfering with acquittals to protect the presumption of innocence and should do so only when "very substantial and compelling reasons" exist.

Court's interpretation and reasoning: The appellate court reiterated that the presumption of innocence is reinforced by acquittal and that the power to review evidence must be exercised with great care and caution.

Key evidence and findings: The appellant failed to produce substantial grounds for interference. The trial court's judgment was well reasoned and supported by record.

Application of law to facts: The appellate court applied the settled legal position that acquittals should not be disturbed lightly.

Treatment of competing arguments: The appellant's arguments did not meet the threshold for interference.

Conclusions: The appeal was dismissed for lack of merit.

3. SIGNIFICANT HOLDINGS

"It is a settled legal position that the interference with the finding of acquittal recorded by the learned trial judge would be warranted by the High Court only if the judgment of acquittal suffers from patent perversity; that the same is based on a misreading/omission to consider material evidence on record; and that no two reasonable views are possible and only the view consistent with the guilt of the accused is possible from the evidence available on record."

"The appellate court should reverse an acquittal only when it has 'very substantial and compelling reasons'."

"In order to ensure that the innocents are not punished, the appellate court should attach due weight to the lower court's acquittal because the presumption of innocence is further strengthened by the acquittal."

The court concluded that the appellant failed to prove the essential ingredients of Section 138 of the Negotiable Instruments Act, and the trial court rightly acquitted the respondent. The appellate court found no illegality or perversity in the impugned judgment and dismissed the appeal accordingly.