Case Law Details
Parveen Mehta Vs Vishal Joshi (Punjab & Haryana High Court)
HC held that undisputed signatures of the respondent on the cheque in itself is not sufficient for conviction under Section 138 of the Act. One of the ingredient for succeeding under Section 138 of the Act is that the cheque was issued for discharge of debt or other liability. The respondent was successful in rebutting the presumptions raised against him under Section 139 of the Act and the appellant failed to discharge the onus casted upon him. The view taken by the trial court is a plausible view.
No case is made out for grant of leave to appeal as no legal or factual error, much less perversity, has been pointed out in the impugned order.
FULL TEXT OF THE JUDGMENT/ORDER OF PUNJAB & HARYANA HIGH COURT
This is an application under Section 378(4) Cr.P.C. for grant of leave to appeal against the judgment dated 15.10.2015, acquitting respondent-Vishal Joshi in Complaint Case No. 21265 of 2012.
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