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2020 (3) TMI 515 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - legally enforceable debt/liability or not - rebuttal of presumption - Section 139 of Negotiable Instruments Act - HELD THAT:- Though the Trial Court has acquitted accused on the basis that complainant did not prove that there was legally enforceable debt or liability, the appeal is dismissed on the basis that complainant was economical with truth and came with tainted hands and any party coming to Court should come with clean hands and speak the truth. This Court have, on many occasions, stated that if a party comes to the Court with unclean hands, which in this case plaintiffs have, the party should be dealt with very strongly and substantial costs also should be imposed on the party. The conduct of complainant intends to impede and prejudice the administration of justice. Judiciary is the bedrock and handmaid of orderly life and civilized society. There is an acquittal and therefore, there is double presumption in favour of accused. Firstly, the presumption of innocence available to accused under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, accused having secured acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the Trial Court. For acquitting accused, the Trial Court observed that the prosecution had failed to prove its case. Thus, the opinion of the Trial Court cannot be held to be illegal or improper or contrary to law - The order of acquittal cannot be interfered with - appeal dismissed.
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