UMAKANT GOVIND PRASAD Vs. RAJENDRAKUMAR BAJAJ

JUDGEMENT

(1.) The applicant had prosecuted the Respondent No. 1 herein on the allegation of having committed an offence punishable u/s. 138 of the Negotiable Instruments Act. The learned Metropolitan Magistrate's 7th Court, Dadar, after holding a trial, found the Respondent No. 1 'not guilty' and passed an order of acquittal. Being aggrieved by the said order of acquittal, the applicant is seeking special leave as contemplated under sub-section (4) of Section 378 of the Code of Criminal Procedure, to file an appeal from the said order of acquittal. I have heard the applicant, who appears in person. I have also gone through the annexures to the application and more particularly the impugned judgment.

(2.) The applicant shall hereinafter be referred to as "the complainant" and the Respondent No. 1 as "the accused" for the purpose of convenient and clarity.

(3.) The complainant's case as per the complaint was that he knew the accused. That the accused had approached him in the month of August, 2005 and had requested for a friendly loan. That in the month of September, 2005 and October, 2005, the complainant handed over a total sum of Rs. 3 lacs to the accused. That the accused issued a post dated cheque in the sum of Rs. 1 lac, in the name of the complainant, bearing No. 670117 dated 18/4/2007 towards the repayment of the loan. The said cheque was dishonoured for want of funds and that as the accused failed to pay the amount of the said cheque, in spite of a demand notice, the complaint was lodged.