HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. APPLICATION U/S 419 BNSS No. - 196 of 2025 Court No. - 81 HON'BLE MANOJ BAJAJ, J. Complainant- applicant has filed this appeal under Section 419(4) BNSS, 2023 to challenge judgment dated 01.08.2025 passed by Special Court (under Section 138 Negotiable Instruments Act), Kanpur Nagar in Complaint Case No.538 of 2022, titled Ashok Kumar Yadav Vs. Shiv Kumar, under Section 138 Negotiable Instruments Act, 1881, registered at Police Station- Babu Purwa, District Kanpur Nagar, whereby the trial court has acquitted the accused respondent-2 for the alleged offence. Learned counsel for the applicant- complainant has argued that cheque amounting to Rs.1,00,000/- issued by the accused in favour of the complainant was dishonored on presentation and a complaint under Section 138 Negotiable Instruments Act, 1881 was filed, wherein the accused has been acquitted. Learned counsel further submits that the ingredients to constitute the offence were duly proved and the signature on the cheque were not disputed by the accused, therefore, the impugned judgment of acquittal is not sustainable and calls for interference by this court in exercise of appellate powers. He prays for leave to appeal. Upon hearing the learned counsel and considering his submissions, this Court finds that as per complainant a sum of Rs,1,00,000/- was given to the accused as a friendly loan in January, 2021 and subsequent to that a sum of Rs.99,000/- was received back by the complainant in his account. The vital admissions suffered by the complainant during his cross- Versus Counsel for Applicant(s) : Shivam Shukla, Sushil Kumar Shukla Counsel for Opposite Party(s) : G.A. Ashok Kumar Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) examination is clearly noticed by the trial court in paragraph 15 of the impugned judgment. Admission of the parties is a best evidence, which can be used against it and the nature of the admission made by the complainant is sufficient to shatter the presumption attached to the instrument. A perusal of the impugned judgment would show that the trial court has carefully examined the material on record particularly the evidence and has given valid reasons while acquitting the accused. Resultantly, no case is made out for grant of leave to appeal and the application is dismissed. September 18, 2025 Raj NA419 No. 196 of 2025 2 (Manoj Bajaj,J.) Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad