S K SALES Vs. JAY AMBE INDUSTRIES

JUDGEMENT

(1.) This is an application for leave to appeal.

(2.) By an impugned judgment and order, the respondent No.l the accused has been acquitted under Section 138 of Negotiable Instrument Act. It was the defence of the accused that he had taken loan from the complainant and repaid the entire amount and at the time of taking loan, he had given him blank cheques towards security. On behalf of the complainant, the accounts were produced at Exhibit 40 and at the foot of the accounts ending on 31.3.2000, the balance amount of Rs. 6,69,890 was shown.

(3.) In this view of the matter, the learned trial Court has accepted the defence of the accused. It has found that the writings on the cheque were in different ink which fact supported, the defence theory. The blank cheque is found to have been given as a security for grant of loan. In my view, the view taken by the learned lower court is a possible view. This is not the fit case for interference in an appeal against the acquittal.