Acquittal of accused – Leave to appeal -- Nothing on record to show that the applicant/ complainant had advanced the amount in question to the respondent /accused from his bank account or from any other source -- Neither any receipt nor any authenticated document has been placed on record to substantiate his claim -- It is highly improbable that he advanced an amount of Rs.3,86,000/- to the respondent without any receipt or pronote -- Moreover, the date, name and amount filled on the cheque does not tally with the specimen writing of the respondent -- Loan in the year 2000, however, the cheque in question pertains to the year 2008, therefore, the allegations of the applicant appears to be vague and barred by time -- Finding of acquittal recorded by the trial Court cannot be said to be perverse or contrary to the material on record -- Even if a second view on appreciation of evidence is possible, the Court will not interfere in the acquittal of the accused – Leave to appeal declined.
(P&H HC) Decided on: 24.08.2015
