NITIN BAPURAO MANKAR Vs. VYANKATESH HOUSING AGENCY

JUDGEMENT

(1.) Heard. Admit. The appeal is taken up for final disposal forthwith, by consent of respective Counsel.

(2.) By means of this appeal, the appellant/ (original complainant) challenge judgment and order dated 06th April, 2009 passed in Summary Criminal Case No. 6892 /2008 by learned 23rd Judicial Magistrate, First Class, Court No.23, Nagpur (Spl. Court under Section 138 of the Negotiable Instruments Act ) { in short, "the N.I.Act"), whereby respondent no.1 accused was acquitted of the offence punishable under section 138 of the N.I. Act, on the ground that the complainant failed to prove that the cheuqe bearing No.103443 dated 29.02.2008 drawn for the sum of Rs.1,55,000/on the District Central Cooperative Bank Limited, Hudkeshwar Branch, Nagpur was issued for discharge of legally enforceable debt or liability.

(3.) It is not in dispute that the said cheque had returned dishonoured for "funds insufficient". The notice demanding payment was served, but the accused did not pay the amount demanded by the notice.