SHAKTI PHARMACEUTICALS, BELGAUM Vs. SANTOJI JAIRAM PAVALE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.01.2010 passed by the III Additional Civil Judge (Jr. Dn.) and Additional JMFC, Belagavi in C.C. No. 531 of 2002, whereby the learned Magistrate has acquitted the respondent - accused of the offence punishable under Section 138 of Negotiable Instruments Act (hereinafter referred to as "N. I. Act").

(2.) The appellant (hereinafter referred to as "complainant") initiated action against the respondent - accused alleging that the accused had borrowed a loan of Rs. 4,42,870/- from the complainant for his domestic and business purpose and in repayment thereof, he issued a cheque bearing No. 001651 dated 11.08.1999 for Rs. 4,42,870/- drawn on Belgaum Taluka Rural Industrial Co-operative Credit Society Limited, Belagavi. The said cheque when presented for encashment came to be returned as ' payment stopped by the drawer' . The complainant caused a notice as required under Section 138 of N. I. Act. The accused issued a false and evasive reply, but failed to comply with the demand and hence, the complainant presented a complaint before the learned Magistrate.

(3.) The accused having denied the charge, the complainant examined himself as P.W.I and produced in evidence six documents namely Ex. P-1 - cheque, Exs. P-2 and P-3 - intimation of United Bank, Ex. P-4 - office copy of legal notice, Ex. P-5 - postal acknowledgment, Ex. P-6 - reply notice issued by the accused. In rebuttal, the accused examined himself as D.W. 4 and also examined three other witnesses and took up a plea that he did not borrow any amount from the complainant and there were no business transactions between him and the complainant and the blank cheque which was issued by him to D.W. 1 (Kirankumar Hirachand Mehta) has been misused by the complainant.