SHASHIKANT N. GHADI Vs. HEGDE ENTERPRISES

JUDGEMENT

(1.) This is an appeal against acquittal of the respondent for offence punishable under Section 138 of the Negotiable Instruments Act recorded by the learned Judicial Magistrate First Class, Panaji after trial of case no.1114/2008 before him.

(2.) I have heard the learned Counsel for the appellant and have gone through evidence on record. The learned trial Magistrate acquitted the respondent holding that the applicant had come up with a case that respondent made a request to provide finance from December, 2007 to January, 2008, as stated by the appellant in his cross-examination before the trial Court. Now, if the request for providing finance was made from December, 2007 to January, 2008, there would be no occasion for the appellant's witnesses no.2 & 3, who had provided finance at the instance of the appellant, to advance moneys to the respondent in 2006 as stated by them. The learned trial Magistrate, therefore, rightly refused to believe the appellant's word and proceeded to acquit the respondent.

(3.) Since the view taken by the learned Magistrate is probable and cannot be shown to be perverse, the appeal is dismissed.