Existing liability -- Acquittal of accused-- Rs.8 lacs received by sons – No suit for specific performance filed by complainant – Complainant is in possession of property – Attorney of the complainant had admitted in his cross-examination that complainant had made a complaint to the police authorities, where a compromise was effected between the complainant and the respondent and in lieu of the said compromise, cheques in question had been issued by the accused – Compromise relied upon by the complainant was not duly proved on record -- Plea put-forth by the accused that the cheques in question had been got issued from him under fear and pressure, was believable -- Trial court rightly came to the conclusion that the cheques in question had not been issued for any existing liability – Acquittal order upheld.
(P&H HC) Decided on: 29.01.2015