RAKESH KAMBLI Vs. AJIT TARI

JUDGEMENT

(1.) Heard Ms. C. Collasso, Advocate for the Appellant and Mr. P. Faldessai, Additional Public Prosecutor for the State. Respondent No.1 though served is neither present nor represented.

(2.) This appeal is directed against the judgment and order dated 13.05.2010 made by the Judicial Magistrate, First Class at Mapusa (JMFC for short), in Criminal Case No.728/OA/2007/D acquitting the respondent no.1 (accused) of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (said Act).

(3.) The appellant is the original complainant in Criminal Case No.728/OA/NI/2007/D before the learned JMFC, who claims to have advanced a sum of Rs. 69,000/- to the accused. It is the case of the complainant that towards repayment of this loan amount the accused handed over to him a cheque bearing no.043752 dated 02.11.2007 drawn on Bank of India, Mapusa branch for an amount of Rs. 69,000/-. However, when the complainant presented the same for encashment, it was dishonoured on the ground of insufficient funds in the account of the accused. Accordingly, by issuing the necessary notices to the accused the complainant filed the complaint bearing Criminal Case No.728/OA/NI/2007/D. By the impugned judgment and order the learned JMFC has however acquitted the accused.