PRAMOD CHAUHAN Vs. ABHILASH GARG

JUDGEMENT

(1.) Heard on I.A. No. 5846 of 2023 which is an application for leave to appeal u/s. 378 (4) of Cr.P.C assailing the judgment of acquittal dtd. 3/3/2023 passed by Shri Amool Mandloi JMFC, Gwalior in Criminal Case No. 9696 of 2015 (SC NIA) whereby the respondent/accused Abhilash Garg was acquitted of the charge for an offence punishable u/s. 138 of the Negotiable Instruments Act.

(2.) The application for leave to appeal inter alia states that learned Trial Court committed an error in acquitting the accused. The accused has not denied his signature on alleged cheque Ex. P/1, therefore, presumption u/s. 118 and 139 of the Negotiable Instruments Act was available that cheque was issued for legally recoverable debt or liability. Learned Trial Court instead of raising legal presumption in favour of the complainant shifted burden of proof on the complainant. The complainant and the accused were well acquainted with each other, therefore, complainant has advanced loan of Rs.8,00,000.00 from the fund of retiral benefits of his father, to the accused for his personal need. Learned Trial Court committed an error in appreciation of evidence and circumstances of the case. The bank had dishonoured the cheque for the reason of insufficient fund. Learned Trial Court committed error in rejecting the complaint on the ground that the cheque was presented beyond the period of its validity. The impugned judgment deserves to be set aside. The appellant may be granted leave to appeal.

(3.) Heard. Perused the record.