HON'BLE SRI JUSTICE K.SURENDER
Criminal Appeal No.415 of 2009
1. Aggrieved by the acquittal of the respondents for the
offence under Section 138 of the Negotiable Instruments Act vide judgment in CC No.461 of 2007 dated 27.01.2009 passed by the VIII Metropolitan Magistrate, Cyberabad at Rajendranagar, the appellant/complainant filed the present appeal.
2. For the sake of convenience, the parties hereinafter will be referred to as arrayed in the Calendar Case. The case of the complainant is that she is the owner of plot bearing No.293 in Sri Ram Nagar Colony, Katedan. She was in need of money and wanted to sell the said plot. The accused were acquainted with the complainant and having knowledge about the sale consideration amount lying with her, requested the complainant to lend an amount of Rs.2.00 lakhs and promised to return within 2 or 3 days. However, the amount of Rs.2.00 lakhs was not returned, for which reason, the accused issued cheque bearing No.648407, dated 15.12.2006 for an amount of Rs.1.00 lakh. When the said cheque was presented for clearance, the same was 2 returned unpaid on 14.03.2007 with an endorsement 'insufficient funds'. The bouncing of the cheque was intimated to the accused by sending a legal notice. Though the said notice was received, the accused failed to make good the payment of Rs.1.00 lakh, for which reason, complaint was filed.
3. On the basis of the evidence, the learned Magistrate found that the subject cheque was issued by A1 for purchase of the plot No.293 and not towards discharge of any liability or loan as claimed by the complainant.
4. To prove that the cheque was in fact issued for purchase of plot, A1 examined himself as D.W.1 and another N.Narsimha as D.W.2 and filed certified copy of sale deed Ex.D1 dated 05.06.2006. The learned Magistrate further found that the plot was in the name of complainant's husband, who has sold the plot for Rs 3 lakhs to meet his family needs and legal necessities. In such circumstances, it was not known as to how Rs.2.00 lakh was given to the accused.
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5. The finding of the learned Magistrate is based on the documents produced by the accused. It was reasonably found by the learned Magistrate that the claim of the complainant that she had provided the amount after selling her plot No.293 was incorrect. In fact, the said plot stood in the name of her husband and her husband had transferred the rights of the said plot to another as he was in need of money. In the said circumstances, when the events that are narrated by the accused prove that the complainant does not have capacity to give an amount of Rs.2.00 lakhs to the accused and in the circumstances, it was found that the cheque in question was given for the purpose of purchasing the said plot. The basic version of the complainant as to how she provided funds was found to be false.
6. The Hon'ble Supreme Court in the case of Radhakrishna Nagesh v. State of Andhra Pradesh1 held that under the Indian criminal jurisprudence, the accused has two fundamental protections available to him in a criminal trial or investigation. Firstly, he is presumed to be innocent 1 (2013) 11 supreme court Cases 688 4 till proved guilty and secondly that he is entitled to a fair trial and investigation. Both these facets attain even greater significance where the accused has a judgment of acquittal in his favour. A judgment of acquittal enhances the presumption of innocence of the accused and in some cases, it may even indicate a false implication. But then, this has to be established on record of the Court.
7. The conclusions arrived at by the learned Magistrate cannot be said to be unreasonable or incorrect. Unless there are compelling reasons to interfere with the findings of the trial Court in an appeal against the acquittal, the appellate Court in such appeals against acquittals, cannot interfere even though a different view can be taken. In the said circumstances, there are no grounds to interfere with the acquittal.
8. Accordingly, the Criminal Appeal fails and the same is dismissed.
__________________ K.SURENDER, J Date: 13.09.2022 kvs 5 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.415 OF 2009 Date: 13.09.2022 kvs