Shri Ram Transport Finance Co Ltd v. State of Rajasthan
2019-12-16
SANDEEP MEHTA
body2019
DigiLaw.ai
JUDGMENT Sandeep Mehta, J. - The instant leave to appeal application under Section 378(4) Cr.P.C. has been filed by the applicant complainant M/s. Shri Ram Transport Finance Co. Ltd. seeking leave to file an appeal against the judgment dated 08.10.2018 passed by the learned Special Metropolitan Magistrate, N.I. Act Cases No.3, Jodhpur Metropolitan in Criminal Case No.1411/2016 (NCV No. 7825/2015) whereby, the respondent Rukma was acquitted of the accusation of the offence under Section 138 of the N.I. Act. 2. I have heard and considered the submissions advanced by Dr. Jodha, learned counsel representing the applicant and have gone through the impugned judgment and record. 3. On a threadbare appreciation of the evidence available on record, it is clear that the applicant complainant, failed to prove even a single document so as to establish that any loan agreement had actually been entered into between the complainant Finance Company and the respondent accused. All that is mentioned in the complaint is that the accused took finance facility from the company on a vehicle no. RJ 19 TA 2372 and entered into a loan agreement JDHPR101310018 dated 31.01.2011. However he failed to repay the same and the cheque No.692905 dated 01.04.2013 for a sum of Rs. 1,12,600/- given by the accused was dishonored upon presentation. 4. Mohd. Imran Khan (PW-1) appeared to give evidence on behalf of the appellant Finance Company. In his crossexamination, he admitted that Harish Kumar was the complainant and that no document was placed on record so as to establish his authority to file the complaint on behalf of the company. No document pertaining to the loan transaction was available in the file. The witness could not even state as to whether the financed vehicle had been repossessed by the company after the accused had deposited 2-3 installments of the loan. The witness further admitted that neither the complaint nor the affidavit or the notice specified the number of installments remaining pending to be paid by the accused. Even the loan account statement was not produced during evidence of the complainant. 5. In this background, I am of the firm opinion that the conclusion drawn by the trial court in the impugned judgment of acquittal that the complainant failed to prove the existence of a legally enforceable debt against the accused by leading cogent evidence, is well founded and unassailable.
5. In this background, I am of the firm opinion that the conclusion drawn by the trial court in the impugned judgment of acquittal that the complainant failed to prove the existence of a legally enforceable debt against the accused by leading cogent evidence, is well founded and unassailable. The impugned judgment of acquittal dated 08.10.2018 passed by the learned Special Metropolitan Magistrate, N.I. Act Cases No.3, Jodhpur does not suffer from any infirmity or illegality whatsoever warranting interference. 6. Thus, the instant leave to appeal application is dismissed as being devoid of merit. 7. Record be returned to the trial court.