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2023 (10) TMI 584 - ANDHRA PRADESH HIGH COURTDishonour of Cheque - insufficient funds - acquittal of accused - discharge of a legally enforceable debt or not - complainant proved the offence under Section 138 of the NI Act against the accused beyond reasonable doubt or not - HELD THAT:- The claim of the complainant before a competent Senior Civil Judge claiming huge amount of Rs. 75,000/- was disbelieved by holding the amount due was only Rs. 25,000/-. So, in such circumstances, it is really doubtful as to whether accused could have issued Ex.P-1 for a sum of Rs. 75,000/-. So, important link is missing in the evidence to connect Ex. P-1 with that of a legally enforceable debt pertaining to the chit transaction. Though, there is no dispute about the factum of dishonor of cheque but the complainant has to establish that it was issued towards discharge of a legally enforceable debt. The evidence on record would not at all prove all those aspects. This Appeal is against an order of acquittal. Having gone through the judgment of the trial Court, as above, it cannot be held that the learned III Additional Judicial Magistrate of First Class decided the matter with any unreasonable grounds. There are no reasons whatsoever to interfere with the judgment in Calendar Case No. 101 of 2002, dated 20.06.2007, on the file of the Court of III Additional Judicial Magistrate of First Class, Kakinada. The complainant miserably failed to prove the offence under Section 138 of the NI Act against the respondent/accused beyond reasonable doubt. Appeal dismissed.
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