RAMESHCHANDRA BHAWARILAL LADHHA Vs. SHALIGRAM SHANKARLAL AGRAWAL

JUDGEMENT

(1.) Exception is taken to the judgment of acquittal delivered by Judicial Magistrate First Class, Washim in Criminal Case 832 of 2002 dated 7.7.2004, by and under which the respondent (hereinafter referred to as "the accused) is acquitted of offence punishable under section 138 of the Negotiable Instruments Act, 1881 ("Act" for short).

(2.) Heard Shri. S.S. Deshpande, the learned counsel for the appellant and Shri. C.A. Joshi, the learned counsel for the respondent / accused.

(3.) The learned counsel Shri S.S. Deshpande, submits that the judgment of acquittal borders on perversity. He does not have any demur with the proposition of law that unless the view taken by the Court is demonstrably perverse, the appellate Court ought not to interfere in the judgment of acquittal. However, Shri. S.S. Deshpande relying on the judgment in T. VASANTKUMAR ..VS.. VIJAYAKUMARI, reported in (2015) 8 SUPREME COURT CASES 378 and in particular paragraph 10 thereof which is reproduced below, would submit that since the judgment of acquittal is based substantially on the finding that the disputed cheque was from the cheque book issued in the year 1995, linking thereof to the transaction of the year 2001, renders the misuse thereof a real possibility, the judgment is perverse.