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2018 (10) TMI 410 - HC - Indian LawsDishonor of Cheque - Section 138 of the Negotiable Instruments Act - judgment of acquittal, recorded by the learned trial Court - appellants/complainants, has concertedly and vigorously contended qua the findings of acquittal, recorded by the learned trial Court standing, not, based on a proper appreciation, by it, of the evidence on record, rather, theirs standing sequelled by gross mis-appreciation, by it, of the material on record - statutory presumption, borne in Section 139, of, the Negotiable Instrument Act. Held that:- This Court holds that the learned trial Court has not appraised the entire evidence on record in a wholesome and harmonious manner and the analysis of the learned trial Court hence suffers from a perversity or absurdity of mis-appreciation and non-appreciation of evidence on record. The impugned judgment is quashed and set aside - appeal allowed.
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