The Himachal Pradesh High Court has dismissed an appeal filed by a complainant seeking reversal of an acquittal in a cheque dishonour case involving ₹60,000. The Court held that the trial court had taken a plausible view of the evidence and there was no reason for appellate interference.
Background of the Case
According to the complaint, Rakesh Kumar claimed that he had advanced ₹60,000 to Sunil Khachi for a business purpose. To repay the amount, the accused allegedly issued a cheque, which was later returned unpaid due to insufficient funds. After a legal notice was issued and payment was not made, proceedings under Section 138 of the Negotiable Instruments Act were initiated.
The trial court, however, acquitted the accused in 2012. Challenging that decision, the complainant approached the High Court.
Court's Observations
Justice Rakesh Kainthla noted that the complainant had admitted during cross-examination that he met the accused for the first time at the shop of a common acquaintance and allegedly lent the money within a week of that meeting.
The Court found the version unusual and observed that it was difficult to accept that a person would lend a substantial amount to someone whom he barely knew. The Court also noted that the common acquaintance, who could have supported the complainant's version, was not examined as a witness.
Referring to Supreme Court precedents on appeals against acquittal, the Court said,
“If the view taken is a possible view, the appellate court cannot overturn the order of acquittal on the ground that another view was also possible.”
Decision
Holding that the trial court's conclusion was a reasonable one based on the evidence available, the High Court declined to interfere with the acquittal. The appeal was dismissed, and the acquittal of the accused remained intact.
Case Details:
Case Title: Rakesh Kumar v. Sunil Khachi
Case Number: Criminal Appeal No. 323 of 2012
Judge: Justice Rakesh Kainthla
Decision Date: 19 June 2026
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