1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPEAL NO.193 OF 2009. GOPAL DWARKADAS DHOOT VS MOHANLAL LAKHUMAL AND ONE ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri R. L. Khapre, Advocate for applicant. Coram : A.H. JOSHI, J. Date : 26th April, 2010. 1. Heard. 2. The learned trial Judge has recorded the finding in relation to the case of the complainant and its worthiness in paragraph no.18 which reads as follows: “18. I have carefully gone through the evidence of complainant. It is admitted by complainant that he do not know as to how much partners the accused firm has. Complainant has also shown his ignorance about registration of firm. Complainant do not know about partners of accused firm. Complainant do not know about as to where accused no.2 resides. Complainant also do not know about family particulars of accused no.2. According to the complainant, he has not taken acknowledgment in writing about receipt of amount from accused.” [Quoted from page 14 of the appeal paper book] 2 2. It is seen that in the background of lack of acquaintance, it is stated that such advanced of amount is made. 3. The submission of the accused that he has raised the defence to the level of preponderance of probabilities. 4. The learned Trial Judge found that the complainant has failed to discharge the burden upon him of proving existing liability of the accused. The finding is well supported by the evidence. 5. No indulgence is called for. 6. Application for leave to appeal and appeal is rejected. Judge |mule|