Death of complainant – Acquittal of accused -- Not a single document to show loan transaction -- Complainant had died during the pendency of the proceedings and his wife appeared as CW-1 but she was not knowing anything about the loan transaction nor it had taken place in her presence -- Cheque was not given by the accused in her presence to complainant (since deceased) -- Nothing on record to show the source of income -- Signatures on the cheque are in blue ink whereas the amount, date and body of the cheque had been filled with black ink -- Presumption u/s 139 of the NI Act has been duly rebutted -- Nothing to prove the loan transaction – No ground to grant leave to file appeal.

(P&H HC) Decided on: 03.03.2017