MENINO PEREIRA Vs. PRAMOD NAIK

JUDGEMENT

(1.) Heard Mr. Timble, learned Counsel for the appellant, Mr. T. Pereira, learned Counsel for respondent no. 1 and Mr. Lawande, learned Additional Public Prosecutor for respondent no. 2.

(2.) By this appeal, the appellant takes exception to the judgment and order dated 08/12/2009 passed by the Judicial Magistrate, First Class, Vasco-da-Gama in Criminal Case No. 1779/OA/NIA/06/B by which respondent no. 1/ accused has been acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short). The appellant herein filed the above case against respondent no. 1 for dishonour of cheque dated 25/09/2006 alleged to have been issued by respondent no. 1/ accused for an amount of Rs. 4,50,000/- (Rupees four lakhs fifty thousand only).

(3.) In Criminal Case No. 1779/OA/NIA/06/B, the complainant examined three witnesses namely PW1-Revard Pereira- brother and the constituted attorney holder of the complainant, PW2-Kishor Pednekar and PW3-Somappa Kollar. Thereafter, the statement of the accused under Section 313 of Cr. P. C. , was recorded. The accused took a stand that he had not signed the cheque and as such, made an application for sending the cheque to handwriting expert to verify as to whether the signature on the cheque was that of the accused. After report was received by learned Magistrate, the complainant sought leave to examine Advocate Satishchandra Talaulikar, the Notary at Vasco-da- Gama before whom according to the complainant, an agreement dated 24/06/2006 between the complainant and the accused was executed. It is the case of the complainant that pursuant to said agreement, an amount of Rs. 4,50,000/- was advanced by way of loan to the accused and the accused had issued post dated cheque dated 25/09/2006.