MANISH TYAGI Vs. STATE OF U P

LAWS(ALL)-2011-9-681

HIGH COURT OF ALLAHABAD

Decided on September 12,2011

MANISH TYAGI Appellant

VERSUS

STATE OF U P Respondents

JUDGEMENT

- (1.) Heard learned counsel for the applicant and learned A.G.A. for the State. By means of this application the complainant-applicant Manish Tyagi is seeking leave to file appeal against the judgment and order dated 17.9.2008 passed by Additional Chief Judicial Magistrate, Court No.3, Ghaziabad in Case No.1593 of 2008, Manish Tyagi Vs. Subodh Tyagi, under Section 138 of N.I. Act by which he dismissed the complaint and acquitted the accused opposite party no.2. I have perused the impugned judgment as well as the record of the trial court. The learned trial court after a meticulous scrutiny of the facts of the case and consideration of the entire evidence on record oral as well as documentary held that the complainant had miserably failed to prove by any cogent evidence that he had advanced any loan to the opposite party no.2 and the evidence adduced by him in this regard did not inspire confidence and accordingly dismissed the complaint filed by the applicant. After going through the impugned judgment as well as the record of the complaint case, I am of the view that the judgment passed by the court below is based upon relevant considerations and supported by cogent reasons and has not been shown to suffer from any illegality, infirmity or perversity warranting any interference by this Court. Accordingly, the leave to file appeal is refused. The application is dismissed.;

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