Accused entitled to acquittal as financial capacity of complainant not established

Bharat Bhushan Vs Umesh Kumar (Himachal Pradesh High Court) Himachal Pradesh High Court held that when the financial capacity of the complainant is not established, the accused is entitled to acquittal. Accordingly, order of Trial Court upheld and appeal of complainant dismissed. Facts- The complainant filed a complaint against the accused before the learned Trial Court for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act. It was asserted that the accused had issued a cheque dated 20.04.2018 for ₹10,00,000/-, to discharge his legal and enforceable ...