MUSLIM HANIFSAHEB INAMDAR Vs. JAKIR ISAQ NIKADE

JUDGEMENT

(1.) THESE are the applications for grant of leave to file appeal against acquittal. In all three cases the said accused has been acquitted for committing offence under Section 138 of Negotiable Instruments Act. On perusing the judgment, I find that the acquittal is based on cogent and acceptable reasons. It was the case of the Complainant that he gave friendly loan after borrowing monies from his friends. Rs.2 lakhs was given in April-1998 and demanded in May-1998. Again Rs.2 lakhs was given in May-1998 and demanded in June-1998 and 3rd amount was given in June-1998 which was demanded in July-1998. The defence of the accused was that the complainant was running a bhisi. On the basis of admissions given in the cross-examination, the trial Court has accepted the defence as a probable. It has been observed that no prudent man can give such type of loan. The so-called friends were not examined. The Court has also observed that it was difficult to believe that inspite of refusal of demand, on two continuous occasions, fresh two loans were alleged to have been given. The accused is said to have discharged his burden on rebutting the presumption under Section 139 through the admissions and circumstances brought on record during the cross-examination of the Complainant. It was sought to be contended that rebuttal is not through any documentary evidence. This argument is not acceptable. The view taken is a possible view. In these circumstances, leave refused. Consequently appeal papers to be filed. Applications stand disposed off.