2023 (10) TMI 1530

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....h Kumar Upadhyay, Adv. Mr. L. R. Ventansan, Adv. Mr. Y. Lokesh, Adv. Mr. V. Kandha Prabhu, Adv. Ms. Maitri Goal, Adv. Mr. Sachin Kumar Verma, Adv. Mr. Anubhav Chaturvedi, Adv. Mr. N. B. V. Srinivasa Reddy, Adv. Mr. Akshat Srivastava, AOR For the Respondent : none ORDER Leave granted. 2. Heard Mr. P. V. Yogeswaran, learned counsel for the appellant. Also heard Ms. Rucha Pande, learned c....

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....that the mother herself from whom the complainant claimed to have borrowed the sum, was not produced as a witness in the proceeding. That apart, the sale transaction dated 31.05.2013 which was made the basis for money coming into the hand of the complainant's mother, was canceled subsequently on 13.05.2015 and as such there was no concluded transaction which will justify any money in the hand of c....

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....racted hereasunder:- "25.3. To rebut the presumption, it is open for the accused to rely on evidence led by him or the accused can also rely on the materials submitted by the complainant in order to raise a probable defence. Inference or preponderance of probabilities can be drawn not only from the materials brought on record by the parties but also by reference to the circumstances upon ....