2013 (7) TMI 1215

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hav, J. 1. This is an application seeking leave to appeal challenging the Judgment and Order passed by Judicial Magistrate, Court No. 14, Pune in S.C.C. No. 17758/2009 dated 30/09/2010. The present applicant is the original complainant. It is the case of the prosecution that the complainant was acquainted with the accused. They had family relations. The accused had taken hand loan from the compla....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....fore the complainant had filed the said complaint. In the course of trial, the complainant had filed his affidavit to prove the offence. The accused had examined himself on oath and had also examined another witness namely Pralhad. In his deposition, the complainant had stated that since the accused had returned the borrowed amount on the earlier occasions, he had further extended hand loan to him....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....disclosed to him that the complainant was not returning the cheques. 3. Learned Magistrate upon perusal of substantive evidence has observed that the complainant was having one small shop. According to the complainant, the amount was given to the accused in cash from Bhishi after selling one small vehicle. The complainant had not submitted any documentary proof of selling the vehicle, neither the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....an. 5. This Court (Coram: A.S. Oka, J.) in the case of Sanjay Mishra Vs. K.K. reported in 2009 Cri LJ 3777 : (2009 ALL MR (Cri.) 1080) has held that: The amount advanced by the complainant was unaccounted for. The same was not disclosed in the income tax returns. It is further held that: By any stretch of imagination, it cannot be said that liability to repay unaccounted cash amount is legal....