Learned counsel, Mr Dave, was heard in extenso on the basis of material evidence on record of which copies were made available by learned counsel. The applicant seeks to challenge judgement and order dated 17.07.2009 of learned Second Additional Senior Civil Judge and JMFC, Bhuj, whereby the applicant's complaint for offence under Section 138 of the Negotiable Instruments Act was dismissed and the accused was acquitted. On the basis of the admissions of the complainant himself, it was found that the cheque in question was received by him by way of security and despite dispute about any legal liability to pay any amount to the complainant, the complainant had relied only upon rebutable presumptions under Section 139 of the Act. Having taken a comprehensive view of the evidence on record the finding of fact to the effect that legal liability of the accused person was not proved and the complainant had suppressed relevant evidence in that regard was recorded and hence, reasonable doubt was entertained in respect of the cheque being in discharge of any legally enforceable debt or other liability. After hearing learned counsel in extenso, no reason was made out to take a different view and the judgement could not be assailed as perverse. Therefore, the present application for leave to appeal is dismissed.
(D.H.Waghela, J.) Jyoti Top