KAMAL DIGWANI Vs. SMT. ANITA CHOUHAN

JUDGEMENT

(1.) Heard.

(2.) Facts in short are that the respondent Anita Chouhan borrowed a sum of Rs. 1,20,000/- for her personal needs from the petitioner. For repayment of the amount, she issued a cheque bearing No. 469203 dated 28.4.2010 of the State Bank of Indore, Branch Rajendra Nagar, Indore. The cheque was dis-honored when presented to the bank with the endorsement that "signature differs". After following due process petitioner filed a complaint against the respondent under section 138 of the Act which was ended in acquittal of the respondent.

(3.) It is contended by the counsel for the petitioner that the judgment of the learned trial Court is contrary to law and facts and also the evidence produced by the petitioner. Learned trial Court acquitted the accused without considering the statement of defence witness DW/1, the Bank Manager who has supported the case of the petitioner. Learned trial Court also did not consider the presumption available in favour of the petitioner and wrongly acquitted the accused.