TMI Blog2015 (8) TMI 1555X X X X Extracts X X X X X X X X Extracts X X X X ..... . The petitioner has failed to show that at any point of time, he was having this amount in his account. Even the date on which the alleged transaction took place has not come either in the complainant or in the statement of the petitioner. The purpose of advancing alleged friendly loan has also not come forth. The stand of the petitioner that he had advanced the loan to the accused by taking the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e presumption of innocence, and secondly the accused having secured an acquittal, the Court will not interfere until it is shown conclusively that the inference of guilt is irresistible. The leave to appeal stands declined. - CRM-A-835-MA of 2013 (O&M) - - - Dated:- 18-8-2015 - HON'BLE MR.JUSTICE JITENDRA CHAUHAN Mr. Karan Bhardwaj, Advocate, for the applicant/appellant. ORDE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cheque again in the month of August, 2009. On 21.08.2009, the cheque in question was again presented which was dishonoured on 22.08.2009 with the remarks, 'payment has been stopped by the drawer'. A legal notice dated 02.09.2009 was issued to the accused to which he never replied. It is further submitted that despite the fact that the learned trial Court returned a categorical finding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his father as a witness. The impugned judgment passed by the learned trial Court is detailed and reasoned judgment and no fault can be found therewith. The case law cited by the learned counsel is distinguishable on facts. In the circumstances, the finding of acquittal recorded by the trial Court cannot be said to be perverse or contrary to the material on record. In fact there is no infirmity ..... X X X X Extracts X X X X X X X X Extracts X X X X
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