SHANKAR JAGANATH MANE Vs. SIKKANDAR MOHAMMED BIDIWALA

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 23rd March 2004 passed by the Chief Judicial Magistrate, Sangli, acquitting respondent (accused) of offence punishable under Section 138 ( Dishonour of cheque for insufficiency, etc., of funds in the account ) of the Negotiable Instruments Act , 1881 (the said Act).

(2.) On 24th February 2020 since nobody was present in Court representing respondent, the Court appointed Ms. Shaina Pratap, Advocate, as Amicus Curiae.

(3.) It is the case of complainant that he had given loan of Rs.90,000/- to accused because accused was in need of money and the amount of Rs.90,000/- was to be repaid within 30 days. It is alleged that accused also executed a promissory note dated 30 th September 1995 and accused kept on evading repayment. It is complainant's case that accused finally gave a cheque dated 19th April 1997 which cheque when deposited was dishonoured. This is the case that complainant has gone to the Court with.