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TMI Blog2015 (3) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... sed by learned Judicial Magistrate Ist Class, Jalandhar, whereby accused-respondent was acquitted. It is stated in the application that applicant is filing accompanying appeal, which is likely to succeed on the basis of grounds taken therein. The appellants are filing appeal through their power of attorney Harjeet Singh Kalra. It is further stated that learned trial Court had not considered vital evidence available on record and passed the judgment of acquittal on the basis of false and frivolous pleas which were not proved on record by accused besides the plea set up by the defence, which is not part of their statement under Section 313 Cr.P.C., however the trial Court unduly gave weightage to the highly improbable and irrelevant documents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also nothing on the record as to whether this amount was withdrawn from the bank or from where the complainants got such a huge amount. There are also no particulars given by the complainant that at which place this loan was given and in whose presence and on which date. The complaint was filed in personal capacity by Kuldip Singh Deol and Kewal Kaur and as per complainants, they gave friendly loan to the accused, whereas the cheques were issued in favour of the firm of the complainants as per the complaint. Therefore, there is also contradiction whether the friendly loan was given in personal capacity of the complainants or by the complainants' firm. Even as per income tax provisions, such a huge amount cannot be given in cash. Ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discussing the evidence on record, has correctly held that the accused has rebutted the presumption under Section 139 of the Act. The complainants failed to prove that loan was given to the accused as friendly loan as stated by him. Therefore, the cheques issued in the name of the firm, were not issued in discharge any legal liability.
Keeping in view the facts and circumstances of the present case, I find that the impugned judgment dated 13.11.2013 passed by learned JMIC, Jalandhar is correct and as per law and does not require any interference from this Court. Accordingly, I find that no ground is made out to grant permission for special leave to appeal and therefore, the present application stands dismissed. X X X X Extracts X X X X X X X X Extracts X X X X
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