Jaipal vs Babre Bhan
2023 Latest Caselaw 16728 P&H

                                                            Neutral Citation No:=2023:PHHC:126578




235              CRM-A-446-2023

                 JAIPAL
                 V/S
                 BABRE BHAN

Present:         Mr. Rao Ajender Singh, Advocate
                 for the applicant-appellant.

                 ****

This is an application under Section 378(4) Cr.P.C. for leave to

appeal against judgment of acquittal recorded under Section 138 of the

Negotiable Instruments Act.

Learned counsel contends that signatures on the cheque in question

were not disputed by respondent- accused and so, presumption under Section

139 of the Negotiable Instruments Act was available in favour of the

applicant-appellant. Learned counsel contends that only defence put forth by the

respondent so as to rebut the presumption was, misuse of the cheque.

However, respondent did not adduce any cogent evidence in support

of the said defence and that Trial Court has wrongly recorded the acquittal.

Learned counsel further inter alia contended that respondent had not

even replied to the legal notice sent to him prior to filing of the complaint.

Arguable points are involved in the appeal.

Leave granted. Registry is directed to assign the appeal number.

Main Appeal:

Notice of motion for 14.12.2023.

( DEEPAK GUPTA ) JUDGE September 25, 2023 Neetika Tuteja

Neutral Citation No:=2023:PHHC:126578

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