SHEIKH SHABBIR Vs. SHAIKH YUSUF

JUDGEMENT

(1.) Heard Mr. Sudesh Usgaonkar, Learned Counsel for the appellant and Mr. Pereira, Learned Counsel for the respondent. By this appeal, the appellant ('the accused') takes exception to the judgment and order dated 31/12/2009 passed by the Judicial Magistrate, First Class, Vasco-da-Gama in Criminal Case No. 66/OA/NIA/09/C acquitting the respondent of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short).

(2.) The case of the complainant in brief is as follows :

(3.) Summons was issued to the accused and the substance of the accusation was explained to the accused. The accused denied the allegation and claimed to be tried. In Criminal Case No. 66/OA/NIA/09/C, the complainant examined himself and produced several documents. The statement of the accused under Section 313 of Cr.P.C. was recorded. In answer to all the questions, except one, the accused answered that the statements made by the complainant against him were false. The accused did not lead any defence evidence. Learned Magistrate by the impugned judgment and order, acquitted the accused of the offence punishable under Section 138 of the Act.