SANJABIJ TARI Vs. KISHORE S. BORCAR

JUDGEMENT

(1.) The present Appeal has been filed challenging the ex-parte judgment and order dtd. 16/4/2009 passed by the High Court of Bombay at Goa acquitting the Respondent No.1-Accused under Sec. 138 of the Negotiable Instruments Act, 1881 (for short "NI Act") and reversing the concurrent judgments of the Trial Court and the Sessions Court.

(2.) Mr. Amarjit Singh Bedi, learned counsel for the Appellant-Complainant submitted that the High Court in exercise of its revisional jurisdiction erred in upsetting the conviction of the Respondent No.1-Accused under Sec. 138 of the NI Act based on categorical findings of facts rendered by both the Courts below that the dishonoured cheque had been issued in favour of the AppellantComplainant in discharge of a legally enforceable debt.

(3.) He contended that there was no evidence on record to establish that the Appellant-Complainant did not have the financial means to advance a friendly loan of Rs.6,00,000.00 (Rupees Six Lakhs) to the Respondent No.1-Accused . He emphasised that the Appellant-Complainant in his statement under oath had stated that in order to oblige his friend/Respondent No.1-Accused , the AppellantComplainant had arranged money from his father, who was a cloth merchant having two shops and even went to the extent of parting with a portion of the loan amount which he himself had borrowed from a financial institution.