2018 (12) TMI 440

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....nstant case, are that during the year 2003, accused Shashi Sharma, who was a registered contractor of P.W.D., and, his close friend entered into an oral agreement for sharing the profits of the business, on 50% basis and as such, the complainant financed the accused and used to deal with all works issued upon the name of the accused. The complainant has submitted that from the year 2003 to 2006, both of them worked jointly and the accused was under a liability of Rs. 6,55,000/-, which was to be paid by the accused to him upto August 2006, but he paid only Rs. 1 lac through cheque bearing No.072936 dated 25.8.2006, and, for the balance payment he issued another cheque No.789288 dated 30.8.2006 for Rs. 5,25,000/- to discharge his legal lia....

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....urt, standing, not based on a proper appreciation, by it, of the evidence on record, rather, theirs standing sequelled by gross misappreciation by it, of the material on record. Hence, he contends qua the findings of acquittal warranting reversal by this Court in the exercise of its appellate jurisdiction, and, theirs standing replaced by findings of conviction. 6. On the other hand, the learned counsel appearing for the accused/respondent herein, has with considerable force and vigour, contended qua the findings of acquittal recorded by the learned trial Court, rather standing based on a mature and balanced appreciation by him, of the evidence on record, and, theirs not necessitating any interference, rather theirs meriting vindication.....

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....tiable instrument. However, neither the income tax returns appertaining to the partnership firm nor bank accounts held in the name, of, the partnership firm, were, adduced into evidence, (iv) thereupon, the vigour of the afore espousal rather wanes as well as subsides, and, the inevitable sequel thereof, is qua the issuance of the dishonoured negotiable instrument, being not towards any legally enforceable debt or liability inter se the accused and the complainant. 9. Furthermore, the scribings of the recitals in Ex.CW2/B, stand testified by the complainant while rendering his testification, borne in his crossexamination, to be rather filled by him, testification whereof, when stands coagulated, with, the factum, of, its issuance hence o....