Acquittal of accused – Leave to appeal -- Complainant himself was under debt -- Accused has placed on record account statement of the complainant, which shows that the complainant was not having that much sufficient amount in his account to advance it to the accused – Cheque belongs to the cheque book issued in the year 2007 whereas, another cheque book was issued to the accused on 06.03.2010 and the Court held that why the accused would issue cheque in the year 2011 from the old cheque book -- There is difference of handwriting in the body of the cheque and signatures -- Keeping in view the above evidence, Ld. trial Court held defence by the accused is probable – Accused acquitted -- No ground is made out for grant of leave to appeal.

(P&H HC) Decided on: 21.02.2017

Acquittal of accused -- No date, month and year has been mentioned in the complaint as to when the loan was given -- If the amount was given for the business purposes, then it looks unnatural that there were no terms and conditions to pay the interest -- Furthermore, no receipt or security document has been obtained at the time of advancing such a huge amount -- No particulars of loan transactions have been mentioned by stating that at which place and in whose presence this amount was given -- Furthermore, there is also no particular as to when the loan was demanded back -- Accused is entitled to acquittal.

(P&H HC) Decided on: 21.02.2017