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Shivaji Rao vs Smt. Suvarnamma on 18 March, 2016 cites

Pawan Singhal vs Gauri Shankar Deora & Anr on 26 March, 2012

34. It is no doubt, the learned counsel for the accused has placed his reliance-on a well-settled principle of law, reported in 2012 (2) DCR 368 (Delhi High Court), in a case between Pawan Singhal Vs. Gauri Shankar Deora & Another, in which it has been held that, neither the petitioner had capacity to pay loan nor he could disclose any source of income by which he was in a position to advance loan to the accused, found no discrepancy in acquittal. 19 Crl.Appeal No.777/2014 But, in the instant case in hand, the source of income as made clear by the P.W.1 in her cross-examination, has been established at the very outset and when that is so, with due respect to the Hon'ble Delhi High Court, the accused does-not deserve for invoking the aid of the said citation, whereas, it certainly comes to the aid of the complainant under the peculiar circumstances prevailing herein.
Delhi High Court Cites 10 - Cited by 51 - S K Kait - Full Document

Shubra Mitra vs Dipankar Saha on 9 July, 2014

35. Further, the learned counsel for the accused has placed his reliance-on a well-settled principle of law, reported in 2012 (2) DCR 461 (Calcutta High Court), in a case between Smt. Shubra Mitra Vs. Sri Dipankar Saha & Another, in which it has been held that, if it is proved that the impugned cheque was issued as collateral security and not to repayment of loan as such provision of Section 138 do-not apply and therefore, acquittal is just and proper. But in the instant case in hand, when the accused has failed to establish that the said disputed cheque as per Ex.P.1 was issued as collateral security and not to the repayment of loan and also having failed to establish Ex.D.2 in connection with the same, with due respect of the Hon'ble High Court of Calcutta, the accused does-not deserve for invoking the aid of the said citation, whereas, the complainant deserves the benefit of the same.
Supreme Court - Daily Orders Cites 0 - Cited by 8 - Full Document

Smt. Shobha Wd/O. Late Arun Pohare vs Gajanan S/O. Wasudeorao Joshi on 14 August, 2012

36. Further, the learned counsel for the accused has placed his reliance-on a well-settled principle of law, reported in 2012 (2) 20 Crl.Appeal No.777/2014 DCR 504 (Bombay High Court - Nagpur Bench), in a case between Smt. Shobha Vs. Gajanan S/o. Wasudeorao Joshi, in which it has been held that, if some material is brought on record by accused consistent with innocence of accused which appears true and reasonable and accepted in rebuttal to the statutory presumption and material brought on record by the accused passes the test of preponderance of probability, then the case of the complainant may be rendered doubtful then on the basis of probability of defence, whereby the accused is entitle to acquittal. But, in the instant case in hand, though the accused has endeavored to place his reliance on Exs.D.1 to D.3 which are absolutely disputed by the complainant, the accused has utterly failed to establish the same and also failed to pass the test of preponderance of probability, wherefore, with due respect to the Hon'ble High Court of Bombay (Nagpur Bench), the accused does-not deserve for invoking the aid of the said citation, whereas, the complainant deserves for the same.
Bombay High Court Cites 5 - Cited by 22 - A P Bhangale - Full Document
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