9911796707
TMI Blog2020 (1) TMI 1646X X X X Extracts X X X X X X X X Extracts X X X X ..... delay of 634 days in filing the application seeking leave to appeal. 2. It is mentioned in the application that the complaint filed by the applicant-complainant was dismissed on 09.08.2012 and thereafter, the applicant had filed an appeal before the learned Sessions Judge, Jhajjar, well within the period of limitation, but the said appeal had been dismissed vide order dated 02.06.2014, being not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The learned trial Magistrate has recorded the following reasons to dismiss the complaint: (i) It is claimed by the complainant that the accused had entered into an agreement to sell dated 15.04.2008 (Ex. P-1) by which he had assured the complainant for the purpose of a plot and complainant had also handed over Rs. 25,00,000/- to him in the presence of witnesses, but it came in the cross-examin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y enforceable debt. 7. The learned Magistrate has taken a reasonable and probable view on appreciation of evidence. 8. As per the conclusion drawn by the learned Magistrate, the complainant could not prove on record that the cheques in dispute had been issued by the accused to him in discharge of a legally enforceable debt and the accused had also denied the execution of agreement dated 15.04.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mportance to demand evidence of unimpeachable character and of unambiguous nature. 10. Therefore, considering the above mentioned facts and legal positions, it would not be unjustified and completely misplaced to say that the complainant has miserably failed to prove if the impugned cheques had been issued against the discharge of any legally enforceable debt or liability. Preponderance of probab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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