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TMI Blog2013 (1) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... believed to have lent Rs.3 lakhs at a time when attachment steps are pending against him. Also the complainant's claim to advancing a sum of Rs.3 lakhs to the accused without getting any documentary proof is not correct. On the other hand, the Magistrate was prepared to accept the case of the defence version that the cheque was clandestinely procured by the complainant with the help of the then wife of the accused, which is the consistent case of the accused right from issuing the reply to the statutory notice of the complainant. Thus, on an examination of the findings of the court below and the materials and evidence referred it can be seen that there is no perversity or illegality in such finding of the court below so as to interfere wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cused has admitted his signature in Ext.P1 cheque and there is no denial at all. It is also the submission of the learned counsel that the accused has no consistent case as to how the cheque belonging to the account maintained by the accused reached in the hands of the complainant. According to the counsel, in spite of those facts, the learned Magistrate of the trial court came to an erroneous conclusion, based upon totally irrelevant facts that the complainant was bankrupt at the time of the transaction and therefore, there was no transaction as claimed by the complainant. Hence, the counsel submitted that there is every scope to interfere with the finding of the court below in case an appeal is entertained for which the petitioner is enti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... when he was examined as PW1, the learned Magistrate has found that during the month of November 2005, he was having only an amount of Rs.5000/- as balance in his account. It is also found that during the month of October and November,2005, the complainant was facing attachment from Kerala Financial Corporation for Rs.9 lakhs and he was on the verge of attachment of his wife's property. According to PW1, in the attachment notice, it is stipulated that he should clear the debt to the KFC within one month. From the above facts, it is crystal clear that during the alleged transaction of giving loan to the accused, the complainant was facing recovery proceedings at the instance of KFC since Rs.9 lakhs was due to it from the complainant. It is al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was clandestinely procured by the complainant with the help of the then wife of the accused, which is the consistent case of the accused right from issuing the reply to the statutory notice of the complainant. Thus, on an examination of the findings of the court below and the materials and evidence referred to in the judgment in support of the above finding, it can be seen that there is no perversity or illegality in such finding of the court below so as to interfere with the said finding in appeal, especially when the petitioner failed to show any compelling or substantial reason to interfere with the order of acquittal recorded by the trial court in favour of the accused. 5. In a recent decision of the Apex Court reported in State of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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