Bundelkhand Credit Cooperative ... vs Nazma Hussain
2023 Latest Caselaw 6716 MP

                                                            1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 25 th OF APRIL, 2023
                                        MISC. CRIMINAL CASE No. 32425 of 2019

                          BETWEEN:-
                          BUNDELKHAND CREDIT COOPERATIVE SOCIETY
                          LIMITED THROUGH CHAIRMEN MADAN MOHAN
                          TIWARI S/O SHRI SIYASARAN AGED ABOUT 60 YEARS,
                          OCCUPATION CHAIRMAN, RESIDENT OF VILLAGE AND
                          POST BEEKER, DISTRICT DATIA (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (NO ONE APPEARS FOR THE APPLICANT)

                          AND
                          NAZMA HUSSAIN W/O AASHIK HUSSAIN RESIDENT OF
                          KHAJANCHI MOHALLA, MARG SAHNI MOHALLA,
                          DISTRICT DATIA (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          ( NO ONE APPEARS FOR THE RESPONDENT )

                                This application coming on for hearing this day, the court passed the
                          following:
                                                             ORDER

Instant application under Section 378(2) of CrPC seeking leave to appeal arising out of judgment dated 28-06-2019 passed by First ASJ Datia passed in Criminal Appeal No.30 of 2017 confirming the judgment of acquittal dated 10- 07-2017 passed by Court of JMFC, Datia in Criminal Case No.1302 of 2023 acquitting the respondent from the charge under Section 138 of the Negotiable Instruments Act.

In the memo of application, it is contended on behalf of applicant that the learned trial Court has committed an error in acquitting the accused respondent Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/26/2023 10:30:41 AM

and learned lower Appellate Court has committed an error in dismissing the appeal on the ground of maintainability.

It is settled principle of law that in an appeal or application challenging the judgment of acquittal, the appellate court would be slow in interfering with the judgment of trial court. It is the fundamental principle of criminal jurisprudence that the accused is presumed to be innocent till guilt is proved. The presumption of innocence gets strengthened after the judgment of acquittal. It is the well-settled position of law that merely because another view is possible, is not a ground to reverse the judgment of acquittal. If two views are possible, the view that is beneficial to the accused should be adopted. Further, it it settled

principle of law that High Court should interfere with the judgment of acquittal passed by trial Court if it arrives at a finding that the trial Court's decision is perverse or otherwise unsustainable.

On going through evidence and materials available on record, this Court does not find any illegality or perversity in passing the judgment of acquittal by trial Court as well as in dismissing the appeal of applicant by lower Appellate Court on the ground of maintainability. This application seeking leave to appeal fails and is hereby rejected.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/26/2023 10:30:41 AM