2017 (3) TMI 822

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....dv. For the Respondent : Mr. C. K. Sasi,Adv., Mr. Manu Krishnan, Adv., Mr. G. Prakash, Adv. ORDER This appeal by special leave is directed against the judgment and order dated 17th June, 2005 passed by the High Court of Kerala in Criminal Appeal No. 165 of 2003 dismissing the appeal preferred by the complainant/appellant herein against Respondent No. 2. 2. The appellant herein filed Ca....

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....peal which also came to be dismissed, thereby confirming the judgment of the trial Court. Hence the present appeal. 5. Learned counsel appearing for the appellant submits that the Courts below have taken erroneous view of the facts and ignored to take into account Ext. P1 (Cheque dated 30-10-2000 issued by the 2nd respondent) and Ext. P2 (dishonor memo of the Bank). The Courts below wrongly con....

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....rned counsel further submits that as a matter of fact, the 2nd respondent being the village officer, extended a helping hand as a mediator in order to settle various disputes pending between the appellant/complainant and one M.M. Basheer. In that process, an agreement (Ext. D2) was arrived at between them on 7.9.2000, according to which M.M. Basheer had agreed to pay Rs. 3,00,000/- to the appellan....

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....cross examination that till 6.9.2000 the balance in his bank account was less than Rs. 1,000/- and on 7.9.2000 (the date of agreement, Ext. D2) he made a fixed deposit of Rs. 70,000/-. Significantly, a copy of the fixed deposit receipt is available with the 2nd respondent also giving scope to the presumption that the appellant made the fixed deposit of Rs. 70,000/- out of the cash arranged by 2nd ....