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TMI Blog2015 (8) TMI 1555X X X X Extracts X X X X X X X X Extracts X X X X ..... on 378(4) of the Code of Criminal Procedure (for short 'the Cr.P.C.'), the applicant has assailed the order dated 27.07.2013, passed by the Judicial Magistrate 1st Class, Yamuna Nagar at Jagadhri, dismissing the complaint and acquitting the accused of the charge framed against them under Section 138 of Negotiable Instruments Act (for short 'the Act'). It is contended that in disch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omplaint has been dismissed. He cites Rangappa Vs. Mohan, 2010 AIR (SC) 1898. Heard. In the present case, there is no conclusive proof of actual payment of Rs.50,000/- by the petitioner-complainant to the accused/respondent. The petitioner has failed to show that at any point of time, he was having this amount in his account. Even the date on which the alleged transaction took place has not come ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... settled law as has been held in C. Antony Vs. K.G. Raghavan Nair, 2002(4) RCR (Criminal) 750 that even if a second view on appreciation of evidence is possible, the Court will not interfere in the acquittal of the accused. In the cases of acquittal, there is double presumption in his favour; first the presumption of innocence, and secondly the accused having secured an acquittal, the Court will n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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