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2018 (3) TMI 1333 - HC - Indian LawsAcquittal of the respondent no. 1 - offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - recovery of hand loan given in cash - Held that: - It is now well settled that a statutory presumption, arises in favour of the complainant, where the signature on the cheque is not disputed. The said presumption is a rebuttable presumption. The accused can rebut the presumption on preponderance of probability, which can be done by virtue of cross examination of the complainant's witness or at the time of the statement under Section 313 of Cr.P.C. or by leading defence evidence - Here is a case where the appellant has failed to give any particulars as to the date and time, when he advanced the amount of ₹ 4,50,000/-, which he had paid in cash. There is no writing obtained from the respondent no. 1 and it is also not shown that the said amount was reflected in the Income Tax Returns of the firm, in as much as, the complaint was filed in the capacity of the proprietor of the firm. Coming to the scope, ambit and powers of this Court while considering an appeal against acquittal, it is now well settled that in an appeal of the present nature, this Court cannot re-appreciate the material unless and until the view taken by the subordinate Court is perverse or is an implausible view. It is well settled that where two views are equally possible, this Court would not substitute it's view on the ground that it is more plausible than the one taken by the Court below. Appeal dismissed.
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