ANIL VERMA Vs. HARISH KUMAR

JUDGEMENT

(1.) The appellant is the complainant and aggrieved by the judgment of acquittal passed by the learned Sessions Judge, Hamirpur on 28.4.2018 in Criminal Appeal No. 37 of 2016, has filed the instant appeal.

(2.) Notably, the only ground for setting-aside the conviction and sentence as imposed by the learned trial Court in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (for short 'Act') and ordering the acquittal of the respondent/accused, is contained in para-10, the relevant portion whereof reads as under:

(3.) Apparently, the learned Sessions Judge has not at all considered and borne in mind the presumptions as to Negotiable Instrument as envisaged under Sections 118(a) and 139 of the Act, which reads as under:-