VENKATESH INVESTMENTS Vs. CHANDRASHEKHAR SUKHEDEOJI DAGA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 18.3.2008, passed by the 5th Ad hoc Additional Sessions Judge, Amravati in Criminal Appeal No.32/2008 by which the appellate Court acquitted the respondent-accused for the offence punishable under Section 138 of the Negotiable Instruments Act after setting aside the judgment and order dated 11.2.2008, passed by the Judicial Magistrate First Class, Court No.6, Amravati in Criminal Complaint Case No.2738/2007, the present revision has been field by the original complainant - revision applicant herein.

(2.) IN support of the revision against judgment of acquittal, learned Counsel for the revision applicant vehemently argued that the presumption was in favour of the applicant/complainant since the cheque was admittedly given to him by the accused and there was also admission so also proof on record in the form of the extract account books filed on record maintained during the course of business that there used to be transaction of sale and purchase of shares from the present applicant by the respondent's wife and the cheque in question was given by the respondent-accused for his wife.

(3.) PER contra, learned Counsel for respondent-accused opposed the revision and argued that the scope of revisional jurisdiction in the matter of acquittal is very much limited and therefore, it is not necessary to interfere with the judgment of acquittal recorded by the appellate Court. The learned Counsel for the respondent-accused filed written notes of argument and highlighted the points which respondentaccused wanted to.