TMI Blog2017 (8) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... has got so much money on the relevant dates to lend as claimed by her. Thus the complainant has not proved that the cheques in question were issued for the discharge of legally enforceable debt. The appellant has not proved his case for an offence under Section 138 of the Negotiable Instruments Act. The view taken by the Trial Court is permissible on the evidence on record. The appreciation of evidence by the Trial Court is not perverse. The reluctance on the part of the appellate court in interfering with such conclusions is fully justified. There is no ground to interfere with the judgment of acquittal. - Criminal Appeal Nos. 67 and 69 of 2016 - - - Dated:- 31-7-2017 - N. Authinathan, J. For the Appellant : Mr.M.Guruprasad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Indian Bank due to funds insufficient in the account of the respondent. The Complainant issued legal notice dated 02.02.2006 calling upon the respondent to pay the cheque amount. As the respondent failed to make payment, she has preferred the complaints. [ii] The respondent has denied that she borrowed ₹ 10,00,000/- from the complainant. According to her, the cheques in question were not issued for discharge of any debt. Her case is that she entered into a sale agreement with the complainant and two cheques including the cheques in question were handed over to her as security for the due performance of the contract. It is her further case that as per the agreement, she has purchased the property from the complainant on 05.10.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omplainant by means of two cheques. The Trial Court on an analysis of the evidence available on record held that the complainant had failed to establish her case beyond reasonable doubt and acquitted the accused of the offence under Section 138 of the Negotiable Instruments Act. Aggrieved by the order of acquittal, the appellant filed the present appeals after obtaining leave. 4. The learned counsel appearing for the appellant would submit that the Trial Court ignored the fact that the respondent did not send any reply to the legal notice sent by the complainant and that, the Trial Court failed to note that Ex.D.4 receipt is a false document and the Trial Court has committed error in placing reliance on Ex.D.4 receipt. According to him, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to have been executed by the complainant. The genuineness of Ex.D.4 was disputed by the complainant. However, the execution of this document has been proved by evidence of D.W.3. The sale deed and Ex.D.4 receipt were executed on the same date i.e. 05.10.2005. D.W.3 testified that the complainant signed Ex.D.4 in his presence. The Trial Court accepted the evidence of D.W.3. The Trial Court compared the disputed signature in Ex.D.4 with the admitted signatures of the complainant and thereafter, recorded a finding that the cheques in question were given as security. The evidence adduced on the side of the respondent would show that the real fact is not as presumed in terms of Section 139 of the Negotiable Instruments Act. The evidence adduced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able Instruments Act. The view taken by the Trial Court is permissible on the evidence on record. The appreciation of evidence by the Trial Court is not perverse. 9. The Hon'ble Supreme Court in MURALIDHAR @ GIDDA AND ANOTHER vs. STATE OF KARNATAKA [2014 (5) SCC 730], has held that if the trial court takes a reasonable view of the facts of the case, interference by the appellate court with the judgment of acquittal is not justified. Unless, the conclusions reached by the trial court are palpably wrong or based on erroneous view of the law or if such conclusions are allowed to stand, they are likely to result in grave injustice, the reluctance on the part of the appellate court in interfering with such conclusions is fully justified. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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