CENTRAL BANK OF INDIA Vs. PRABHAKAR GURUDAS SHIRODKAR

JUDGEMENT

(1.) This appeal is directed against acquittal of respondent no.1 for offence punishable under Section 138 of the Negotiable Instruments Act recorded by the learned JMFC, Mapusa after the trial of Criminal Case No.OA/943/P/10/B.

(2.) The appellant-complainant is a public sector bank which claimed to have advanced a loan to respondent no.1-accused. The respondent no.1 issued a cheque for Rs.80,000/- (Rupees Eighty thousand only) bearing no.4639 dated 30/09/2010 in favour of the complainant-bank in discharge of the liability and the debt in part on the part of the accused. The cheque was presented for collection but was returned with the remarks "Funds Insufficient" as per the bank's advise dated 12/10/2010. On 16/10/2010, the complainant-bank sent the notice to the accused which was received by the accused on 18/10/2010 demanding payment of the amount under the dishonoured cheque. The respondent no.1-accused did not comply and did not even bother to reply. The complainant-bank then filed the complaint before the learned Magistrate.

(3.) After examining the complainant and the documents produced by the complainant the learned Magistrate issued process. The accused appeared and the particulars of the offence were explained to the accused. He pleaded non guilty and therefore was put on trial. At the trial, complainant's branch Manager filed an affidavit in lieu of his examination-in-chief and was cross-examined on behalf of the accused. No further evidence was tendered on behalf of the complainant and the accused too did not tender any evidence in defence. After considering the arguments advanced in the light of defence made by the accused in his statement under Section 313 of the Criminal Procedure Code the learned Magistrate proceeded to acquit the respondent no.1-accused. Aggrieved thereby the bank is before this Court.