Acquittal in Cheque bounce case – However, there is no evidence that the complainant had the capacity to advance Rs.11,30,000/- or that amount allegedly given on loan to the respondent is shown in the Income Tax Return – Respondent-accused stated that the appellant had misused the cheque which he gave to his (appellant) brother, this fact is duly proved by the statement of independent witness -- Except self serving statement of the appellant there is no material evidence on record to prove the factum of advancement of loan – Ld. Trial Court acquitted the respondent -- Even if a second view on appreciation of evidence is possible, the Court will not interfere in the acquittal of the accused -- In the cases of acquittal, there is double presumption in his favour; first the presumption of innocence, and secondly the accused having secured an acquittal, the Court will not interfere until it is shown conclusively that the inference of guilt is irresistible.

(P&H HC) Decided on: 03.03.2017