When cheque amount is more than actual debt,offence u/s 138 of NI Act is not made out

When cheque amount is more than actual debt,offence u/s 138 of NI Act is not made out

Based on the entire evidence on record the learned trial court has come to the conclusion that the complainant could not prove his case beyond doubt and the accused could rebut the presumption. Considering the case of the accused and testing the same on the touchstone of entire evidence on record, I am of the view that by preponderance of probabilities, the accused has been able to prove that the cheque amount is more than the actual debt. In such circumstances, it cannot be said that the trial Court committed an error in holding that the complainant could not prove his case. The accused has therefore, been rightly acquitted of the offence punishable under Section 138 of the Act. No interference with the impugned judgment and order is called for, even if it is felt that another view is possible. In the result, the appeal is dismissed.

IN THE HIGH COURT OF BOMBAY (PANJI BENCH)

Criminal Miscellaneous Application No. 54 of 2013 in Stamp Number Main No. 292 of 2013

Decided On: 04.12.2013

Appellants: Mr. Anant Bondre
Vs.
Respondent: Mr. Alfred David Fernandes and Anr.

Hon'ble Judges/Coram:U.V. Bakre, J.

Citation;2014(2)Crimes 33 Bom