CRLA/420/2021
2021 Latest Caselaw 5218 UK

SPLA No. 138 of 2021
With
CRLA No. 420 of 2021
Hon'ble Ravindra Maithani, J.

Mr. R.P. Nautiyal, Sr. Advocate, assisted by Ms. Garima Thapa, Advocate for the appellants.

Mr. Lalit Miglani, A.G.A. for the State.

Appellants seek leave to file an appeal against judgment and order of acquittal recorded on 24.11.2021 by the court of ACJM/VI Additional Civil Judge (Sr. Div.), Dehradun in Criminal Case No. 334 of 2011. This case is under section 138 of the Negotiable Instruments Act, 1881.

It is submitted that the burden of proof has wrongly been shifted on the company to prove that the cheque was given in discharge of any loan and the relevant entries have been wrongly not accepted by the court below.

Having heard the submissions, this Court is of the view that leave has to be granted.

Leave granted.

Application for leave to appeal no. 138 of 2021 is allowed accordingly.

Heard.

Admit.

Issue notice to respondent no. 1. Call for LCR.

(Ravindra Maithani J.) 17.12.2021

Ujjwal