TMI Blog2018 (12) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... non appreciation of evidence on record - there is no merit in the instant appeal and it is dismissed. - Cr. Appeal No. 566 of 2012. - - - Dated:- 20-11-2018 - Mr. Justice Sureshwar Thakur, Judge. For the Appellant : Mr. Munish Kumar Gupta, Advocate. For the Respondent : Mr. Jyotirmay Bhatt, Advocate. ORDER SURESHWAR THAKUR, JUDGE. The complainant/appellant herein, is aggrieved, by the judgement of acquittal pronounced by the learned Judicial Magistrate 1st Class, Bilaspur, H.P., upon, Case No. 200/2 of 2006, on 31.07.2012, hence has instituted therefrom, the, instant appeal before this Court. 2. The facts relevant to decide the instant case, are that during the year 2003, accused Shashi Sharma, who was a regi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e accused under Section 313 of the Code of Criminal Procedure, was recorded by the learned trial Court, wherein he claimed innocence and pleaded false implication. However, he has examined two witnesses in his defence. 4. On an appraisal of the evidence on record, the learned trial Court, returned findings of acquittal in favour of the accused/respondent herein. 5. The complainant is aggrieved by the judgment of acquittal recorded in favour of the accused/respondent, by the learned trial Court. The learned counsel appearing for the complainant/appellant herein, has, concertedly and vigorously contended qua the findings of acquittal recorded by the learned trial Court, standing, not based on a proper appreciation, by it, of the evid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he year 2004, and, hence the issuance, of, the disputed cheque, much belatedly therefrom, especially in the year 2006, hence, sparks a genuine and valid suspicion qua its issuance, being towards any legally enforceable debt, or, liability inter se the accused, and, the complainant (ii) AND the afore inference is strengthened by the factum, of, the complainant espousing qua the afore apt contractual legal liability, rather standing anchored, upon, a partnership business inter se the complainant and the accused, (iii) and obviously, hence he also espouses qua the outstanding liability arising, from, the afore partnership business, hence being embodied in the dishonoured negotiable instrument. However, neither the income tax returns appertaini ..... X X X X Extracts X X X X X X X X Extracts X X X X
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