Satbir v. Ramesh

CRM-A-1935-MA-2018 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-A-1935-MA-2018 (O&M) Date of Order:04.04.2019 Satbir ..Appellant

Versus

Ramesh ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Yogeshwar Dayal Kaushik, Advocate and Mr. Jony Bansal, Advocate, for the appellant.

ANIL KSHETARPAL, J(Oral) Leave to appeal has been sought under Section 378(4) of the Code of Criminal Procedure against the judgment of acquittal. Learned trial Court has given the following reasons to pass the judgment:- (i) The complainant has failed to produce any receipt or any witness to prove the loan transactions;

(ii) The alleged transaction has not been recorded in the books of accounts or income tax returns;

(iii) The complainant-appellant could not disclose the date and time when the loan was sought and paid;

(iv) The complainant has further failed to prove that whether the alleged loan amount was paid in cash or through cheque.

Although, learned counsel appearing for the appellant has made NARESH KUMAR 2019.04.05 10:24 I attest to the accuracy and integrity of this document Chandigarh

CRM-A-1935-MA-2018 (O&M) -2sincere attempt, however, could not draw attention of the court to any perversity or substantive misreading of evidence. Leave to appeal declined.

April 04, 2019 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NARESH KUMAR 2019.04.05 10:24 I attest to the accuracy and integrity of this document Chandigarh