TMI Blog2016 (1) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... per law and evidence - accused-respondent was acquitted. - Decided against the complainant / appellant. - CRM No.A-1390-MA of 2015 (O&M) - - - Dated:- 5-10-2015 - MR. INDERJIT SINGH, J. For The Appellant : Mr.Anshul Mangla, Advocate INDERJIT SINGH, J. CRM No.25745 of 2015 Heard. For the reasons mentioned in the application, the same is allowed. Delay of 2 days in filing the application seeking leave to appeal, is condoned. CRM No.A-1390-MA of 2015 Applicant-Mohan Lal has filed this application under Section 378(4) Cr.P.C. seeking permission for leave to appeal against respondent Jaswindera Pal Singh, challenging the judgment dated 25.05.2015 passed by learned Judicial Magistrate Ist Class, Sri Muktsar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e perusal of the record as well as the impugned judgment shows that no date, month or year has been given as to when the loan was given. No security document has been obtained at the time of advancing the loan of huge amount of ₹ 7 lacs. At the time of arguments, learned counsel for the applicant argued that applicant is a goldsmith and income tax payee but no income tax return has been produced in the Court to prove the transaction. Again, if the applicant is goldsmith then he might be maintaining the account books but no such account books have been produced in the Court to prove advancing of loan. The fact that amount of ₹ 7 lacs has been given that is also without obtaining any security document and no particulars have be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he sale deed, there was stay on the land and dispute arose and the sale deed was not got executed their being stay on the said land. Then accused asked for refund of the money from Harish Chand or to execute the sale deed in his favour. He neither returned money nor executed the sale deed and brother of Harish Chand filed a false complaint against the accused by misusing the cheque. In the defence, accused examined 6 DWs. DW-1 Mahesh Kumar, Deputy Manager, State Bank of Bikaner and Jaipur proved the copy of application Ex.D1 and entries of 'payment stop' Ex.D2 and D3. DW-2 Vakil Singh proved receipt Ex.D4 and agreement Ex.D5. DW-3 Avtar Singh also proved agreement Ex.D5. DW-4 Vinod Soni proved the certified copy of agreement Ex.D ..... X X X X Extracts X X X X X X X X Extracts X X X X
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