The Supreme Court dismissed a criminal leave to appeal seeking to challenge an acquittal. The Court held the appeal was devoid of merit as the trial court raised valid statutory defenses regarding premature complaint and lack of proof for legal liability discharge.
The special leave petition is dismissed; the order of acquittal is upheld.
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CRLLP No. 118 of 2015
08. 09.01.2017 Heard.
It appears that the petitioner, in this petition, seek leave to appeal against
the judgment of acquittal dated 07.11.2013 passed by the learned SDJM, Jeypore in ICC Case No
.77 of 2012 acquitting the opposite party of the charge under Section 138 of N.I. Act.
Considering the facts and submissions made, especially the facts that the tria
l court acquitted the opposite party in the case in question as the complaint was filed premat
urely without giving opportunity of fifteen days time to repay the cheque amount as mandated i
n the statute and the fact cheque in question was issued for discharge of legal liabilities wa
s not proved and the same appears to be based on appreciation of legally acceptable evidence o
n record, this Court is of the view that this special leave petition filed by the petitioner i
s devoid of merit.
Accordingly, this CRLLP stands dismissed.
..
S. Pujahari, J.
SKG
2
1 issue framed by the court
Whether the special leave petition filed by the petitioner to challenge the acquittal in a cheque dishonour case possesses merit.
1 provisions across 1 enactments
Petitioner
Opposite party
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court