Cheque bounce case -- Acquittal of accused -- Rebuttal of presumption – No cogent evidence on the record to show as to why a huge amount of Rs.4 lacs was given without getting any receipt or getting executed any security document i.e. pronote etc. from the accused -- Nothing on the record to show that from where Rs.4 lacs was withdrawn and paid to the accused – Presumption u/s 139 stand rebutted – Order of acquittal passed by the Ld. Trial Court upheld.

(P&H HC) Decided on: 30.03.2016

Cheque bounce case -- Rebuttal of presumption -- No cogent evidence on the record to show as to why a huge amount of Rs.4 lacs was given without getting any receipt or getting executed any security document i.e. pronote etc. from the accused -- Nothing on the record to show that from where Rs.4 lacs was withdrawn and paid to the accused – Presumption u/s 139 stand rebutted – Order of acquittal passed by the Ld. Trial Court upheld.

(P&H HC) Decided on: 30.03.2016

Cheque bounce case -- Acquittal of accused -- Nothing on record to show that the applicant/complainant had advanced the amount in question to the respondent -- No date, month or year was mentioned that when the accused borrowed the money -- It is highly improbable that applicant advanced an amount of Rs.2,40,000/- to the accused without any receipt or pronote -- There is no document on record to show the legal liability of the respondent towards the applicant -- Allegations of the applicant appears to be vague -- In the circumstances, the finding of acquittal recorded by the trial Court cannot be said to be perverse or contrary to the material on record.

(P&H HC) Decided on: 28.09.2015

Cheque bounce case – Acquittal of accused -- No document for advancement of loan -- It is highly improbable that he advanced an amount of Rs.3,86,000/- to the respondent without any receipt or pronote -- Moreover, the date, name and amount filled on the cheque does not tally with the specimen writing of the respondent -- Loan in the year 2000, however, the cheque in question pertains to the year 2008, therefore, the allegations of the applicant appears to be vague and barred by time -- Finding of acquittal recorded by the trial Court cannot be said to be perverse or contrary to the material on record.

(P&H HC) Decided on: 24.08.2015

Cheque bounce case – Leave to appeal -- Nothing on record to show that the applicant/ complainant had advanced the amount in question to the respondent /accused from his bank account or from any other source -- Neither any receipt nor any authenticated document has been placed on record to substantiate his claim -- It is highly improbable that he advanced an amount of Rs.3,86,000/- to the respondent without any receipt or pronote -- Moreover, the date, name and amount filled on the cheque does not tally with the specimen writing of the respondent -- Loan in the year 2000, however, the cheque in question pertains to the year 2008, therefore, the allegations of the applicant appears to be vague and barred by time -- Finding of acquittal recorded by the trial Court cannot be said to be perverse or contrary to the material on record -- Even if a second view on appreciation of evidence is possible, the Court will not interfere in the acquittal of the accused – Leave to appeal declined.

(P&H HC) Decided on: 24.08.2015

Cheque bounce case – Leave to appeal -- Loan of 32 lacs without any receipt or pronote – Acquittal of accused – Nothing on record to show that the applicant had advanced the amount in question to the respondent from his bank account or from any other source -- In the absence of any document that the applicant had the alleged amount with him, it is highly improbable that he advanced an amount of Rs.32 lacs to the respondent without any receipt or pronote -- Finding of acquittal recorded by the trial Court cannot be said to be perverse or contrary to the material on record – Leave to appeal stands declined.

(P&H HC) Decided on: 17.08.2015

Cheque bounce case – Leave to appeal -- No document for advancement of loan -- Loan of 32 lacs without any receipt or pronote – Nothing on record to show that the applicant had advanced the amount in question to the respondent from his bank account or from any other source -- Finding of acquittal recorded by the trial Court cannot be said to be perverse or contrary to the material on record – Leave to appeal stands declined.

(P&H HC) Decided on: 17.08.2015