The court granted leave in a Crl.O.P. quashing an acquittal. It noted the High Court erroneously shifted the burden of proof to the complainant to verify the cheque's validity, contrary to the trial court's finding of guilt under the Negotiable Instruments Act.
Leave to set aside the acquittal and restore the matter for admission.
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Crl.O.P.No.959 of 2022
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A.D.JAGADISH CHANDIRA,J.
The trial Court rightly finding that the petitioner/complainant had proved the case, had found the accused guilty for the offence under Section 138 of the Negotiable Instruments Act. The Appellate Court erroneously shifting the burden of proof and holding that it is for the petitioner/complainant to verify the validity of the cheque from the bank, had wrongly allowed the appeal and acquitted the accused. Prima facie case has been made out for grant of leave.
2. Leave is granted.
24.01.2022
Note:
Registry is directed to number the appeal, if it is otherwise in order and list the same for admission. vri/shk
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1 issue framed by the court
Whether leave should be granted for setting aside the acquittal of the accused in a cheque dishonour case.
A.D.JAGADISH CHANDIRA,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
