DINESH NARAYAN SHET Vs. GEETA GURUDAS CHARI

JUDGEMENT

(1.) BY this appeal, the appellant takes exception to the judgment and order dated 26.4.2010 passed by Judicial Magistrate, First Class, Vasco da Gama in Criminal Case no. 62/OA/NIA/2009/B, acquitting the respondent/accused of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short).

(2.) THE appellant is the complainant in the above case. It is the case of the complainant that the accused approached the complainant to provide financial assistance as the accused was in urgent need of some amount. The complainant knew the accused for last six years. The complainant provided advance of Rs.28,800/- ( Rupees twenty eight thousand eight hundred only) to the accused which she promised to return within two months. The accused issued post dated cheque dated 2.4.2009 drawn on HDFC, Bank Porvorim. The cheque was dishonoured for insufficient funds. Thereafter, the complainant sent legal notice by registered post A. D. on 17.4.2009 to the accused which was received by her. However, no reply was sent by the accused. Since the accused failed to make payment, the complaint was filed under Section 138 of the Act.

(3.) LEARNED Magistrate by the impugned Judgment and order acquitted the respondent/accused of the offence punishable under Section 138 of the Act.