Bhavubha Bechar Sinh Chavda Vs State of Gujarat & Anr (Gujarat High Court)
Gujarat High Court held that order of acquittal by Trial Court under Negotiable Instrument Act, 1881 upheld as applicant failed to prove its financial capacity of giving an amount of loan to accused.
Facts- The applicant filed a complaint against the accused u/s. 138 of the Act, as the accused had taken a hand loan of Rs.15,00,000/- from the applicant. The cheques issued by the accused were dishonored and the reason mentioned in the return memo was “Funds Todays Opening Balance Insufficient”. The applicant sent the statutory demand notice to the accused on 23.05.2009 which was duly served but no payment was made. The applicant filed the criminal complaint before the Court of the Judicial Magistrate u/s. 138 of the NI Act, 1881. The Trial Court acquitted the accused from the offence under Section 138 of the N I Act. Being aggrieved and dissatisfied with the same, the applicant has preferred the present application.
Conclusion- Held that the learned Trial Court has appreciated all the evidence produced on record and has concluded that the applicant has not proved the legally enforceable debt and has concluded that from evidence on record the applicant has successfully rebutted the presumption under Section 139 of the N I Act in light of the judgment of the Apex Court in Rangappa and Basalingappa. The accused had created a reasonable doubt and the applicant has failed to produce reliable and cogent evidence on record about the amount of cheque being the legally recoverable debt from the accused and the applicant has not proved his case beyond reasonable doubt and, in light of the above observation, the learned Trial Court has passed the impugned judgment and order of acquittal, which is just and proper and does not require any interference of this Court.
