SHIRISH VASANT BORKAR Vs. VIJAYKUMAR K. PILLIENKAR FADKE

JUDGEMENT

(1.) By this appeal, the appellant, who is the complainant in Criminal Case No.643/NI/OA-II/2003/D, takes exception to the judgment and order of acquittal dated 9/10/2009 passed by the learned Judicial Magistrate First Class, Margao (J.M.F.C, for short), in the said case.

(2.) The complainant had filed the said case against the accused who is the respondent no.1 in this appeal, under Section 138 of the Negotiable Instruments Act (N.I. Act, for short). The case of the complainant is that:-

(3.) In order to prove the case, the complainant examined himself as PW.1 and he produced the said cheque for Rs.50,000/- as Exhibit 38-C; the debit advice dated 22/3/03 as Exhibit 39-C; the two cheque return memos dated 17/6/2003 and 20/3/03 as Exhibit 40-C colly; the two intimations dated 21/6/2003 and 17/6/2003 as Exhibit 41-C colly and the statutory notice along with registered A/D card and postal receipt as Exhibit 42-C colly. In the cross examination of PW.1, the accused has produced the judgment, order and decree dated 7/11/2008 passed by the learned Ad hoc District Judge-I, FTC-I in Special Civil Suit No.33/2006 as Exhibit 51-C. The statement of the accused came to be recorded under section 313 of the Code of criminal Procedure. The accused did not examine any witness in his defence.