Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 489-F & 506---Dishonestly issuing a cheque, criminal intimidation---Appreciation of evidence---Appeal against acquittal---Prosecution case was that the accused came to the complainant for loan of Rs. 1,50,000/----Complainant took him to the jewellery shop and bought him gold of Rs. 90,000/----Accused, thereafter paid him instalments of Rs. 26,700/- and issued cheque of Rs. 63,300/-, which was dishonoured by the Bank---Evidence of prosecution witnesses were contradictory to each other on material particulars---Record showed that there was some business transaction in between the parties over loan amount of Rs. 63,300/-, which according to the accused, had already been paid to the complainant---Material placed on record showed that prima facie, no reasonable grounds existed to believe that accused had committed the offence---Reasons for acquittal in favour of the accused given by the Trial Court appeared to be quite sufficient/convincing---Trial Court had passed a speaking order---Appeal against acquittal was dismissed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 410 & 417---"Appeal against acquittal" and "appeal against conviction"---Principles---Appeals against conviction and acquittal were different from each other---Once accused was acquitted by a competent court of law after facing the agonies of a protracted trial, then he earned the presumption of double innocence, which could not be disturbed by the appellate court slightly. THIS JUDGMENT DELIVERED BY: ABDUL MAALIK GADDI, JUSTICE:---.--- Through this appeal, filed under section 417, Cr.P.C, the appellant Jalaludin has sought the indulgence of this Court to set at naught the judgment dated 23.8.2010 passed by the learned Civil Judge and Judicial Magistrate-I, Hyderabad in FIR No. 64 of 2010 under section 489-F, P.P.C. at Police Station, Hussainabad, Hyderabad, whereby the learned trial Court acquitted the respondent from the charge. 2. Briefly the facts of the case are that on 24.5.2010 at about 1800 hours complainant Jalaluddin reported with Police Station that he is a businessmen and knows accused, who came to him for loan of…

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