((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.128 OF 2003 V.M.Abraham Appellant versus Vinod Kumar Sharma & another Respondents Preetam P. Kubal for petitioner. P.P.Shinde, APP. CORAM : A.M.KHANWILKAR, J. DATE : 1st April 2008 PC : 1. Heard. As relevant evidence is produced, the counsel proceeded with the arguments without Record and Proceedings. 2. After perusing the evidence which has come on record, I find no reason to depart from the conclusion reached by the Lower Court that the appellant- complainant has failed to establish the factum of amount paid by him to the accused from time to time except his bare words. In that, there is no evidence that the liability of the accused was on account of legal obligation arising out of such transaction. I am also in agreement with the finding reached by the Lower ((-2-)) MST Court that it is common ground that the cheque has been filled in in the handwriting of person other than the accused, which creates doubt. 3. The counsel for the appellant is relying on promissory note, Exhibit-D, to this appeal. However, the learned counsel fairly accepts that this document has not been proved in evidence before the Lower Court. Even after going through the oral testimony of the appellant, there is no indication whatsoever that such promissory note was executed by the accused. This case has been made out for the first time in this Court. In other words, this document has been relied upon for the first time in this Court, which will be of no avail. 4. Taking over all view of the matter, I find no reason to interfere. Dismissed. (A.M.KHANWILKAR, J.)