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2016 (1) TMI 1430 - HC - Indian LawsPermission for leave to appeal - accused-respondents were acquitted of the charges - HELD THAT:- At the time of arguments, nothing has been argued as to how the findings given by learned Court below are perverse or against the law. Nothing has been pointed out as to which material evidence has been misread or which material evidence has not been considered by the Court below. The perusal of the findings given by learned Magistrate show that these are as per evidence and law and have been given after appreciating the evidence in right perspective. The Court held that the base of existing liability for present case is not on the basis of rendition of accounts but is on the basis of compromise dated 25.11.2011. It is further held by the Magistrate that out of ₹ 7.35 crores, ₹ 2.75 crores have been paid by the accused to the complainant. It was also held that after receiving ₹ 3.25 crores, the complainant party was to help the accused party in getting the FIR quashed. It is also admitted that FIR has not been quashed so far - Keeping in view these facts and circumstances, the Court below held that the existing liability is not proved. The findings given by learned Court below in the impugned judgments dated 25.11.2014 are correct, as per evidence and law. Learned Magistrate has appreciated the evidence in right perspective. In no way, the findings given by Court below can be held as perverse or against the law. Thus, no ground is made out to grant permission for leave to appeal - application dismissed.
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