ARUNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD.

(2.) THE applicant seeks leave to file appeal against order of acquittal rendered by the learned Judicial Magistrate in the Criminal case alleging commission of offence punishable under section 138 of the negotiable Instruments Act by the respondent.

(3.) UPON hearing learned Advocate for the applicant and on consideration of the reasoning given by learned Judicial Magistrate, it appears that the applicant was ex-Chairman of the credit society and had obtained five (5} blank signed cheques towards security for repayment of the loan. This fact is corroborated by DW- Vinod Mehata. The learned trial Judge was pleased to rely upon testimony of DW-Vinod Mehata. The learned trial Judge further held that the rebuttal evidence adduced by the respondent (accused) established that the cheque in question was issued to secure repayment of the loan. The appreciation of the evidence by the learned trial Judge cannot be branded as perverse or arbitrary on the prima facie consideration thereof. Consequently, the leave to file is refused.