KISHORIBA VIRBHADRASINH CHUDASMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed for grant of Leave to Appeal against the acquittal recorded by the 6th Additional Chief Judicial Magistrate, Gandhinagar vide order dtd. 21/12/2017 passed in Criminal Case No.14998 of 2006.

(2.) By the aforesaid order, the respondent-accused is acquitted from the offence under Sec. 138 of the Negotiable Instruments Act.

(3.) Learned advocate for the applicant has submitted that an error is committed by the Trial Court in concluding that the respondent-accused has successfully rebutted the presumption merely on the ground that 2 cheques have been paid totaling of Rs.5,75,000.00 and that the cheque in question is a cheque, which was numbered in between the aforesaid 2 cheques, and therefore, presume that the same was towards the security and not in discharge of legally enforceable debt.