Case Note & Summary
The High Court dismissed an appeal challenging the acquittal of five accused persons in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The case originated from a hand loan of Rs.56,50,000/- taken by Mr. Hirachand Raichand Pagaria from the complainant in July 2004. The accused, being friends of Mr. Pagaria, undertook to satisfy the loan and issued a cheque for Rs.78,00,000/- dated 31st January 2006. The cheque was dishonoured upon presentation. The Trial Court convicted the accused, but the Additional Sessions Court acquitted them. The High Court, applying principles from Supreme Court precedent, found no grounds to interfere with the acquittal, emphasizing the double presumption in favour of the accused and the appellate court's limited scope in such matters.
Headnote
The High Court of Judicature at Bombay dismissed the Criminal Appeal filed by the Original Complainant against the Judgment and Order dated 31st January 2011 passed by the Additional Sessions Judge, Pune -- The Additional Sessions Judge had acquitted the Accused persons of offences under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) under Section 386(b)(i) of the Code of Criminal Procedure, 1973 (Cr.P.C.) -- The Trial Court (Judicial Magistrate, First Class, Court No.8, Pune) had initially convicted the Accused in S.C.C. No. 0420758 of 2006 -- The High Court examined the principles governing interference in appeals against acquittal as laid down by the Supreme Court in Rajesh Prasad v. State of Bihar & Anr. (2022) 3 SCC 471 -- The Court noted the double presumption in favour of the accused in acquittal cases -- Firstly, the presumption of innocence under fundamental criminal jurisprudence principles -- Secondly, the presumption that the acquittal was proper -- The Court found no substantial or compelling reasons to interfere with the acquittal order -- The Appeal was dismissed, upholding the acquittal of the Accused persons
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Issue of Consideration: The Issue of whether the High Court should interfere with the acquittal of the accused persons for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881
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Final Decision
The High Court dismissed the Criminal Appeal and upheld the acquittal of the accused persons -- The Court found no substantial or compelling reasons to interfere with the acquittal order passed by the Additional Sessions Judge, Pune
