V A ENTERPRISES Vs. TOOLTEK SPECIAL MACHINES

JUDGEMENT

(1.) By the present application, the applicant seeks leave to file appeal, taking exception to the impugned judgment and order dated 30.11.2011 passed by the Ld. 4th Judicial Magistrate, First Class, Pimpri, Pune, whereby the learned Magistrate has dismissed the complaint filed by the applicant under Section 138 of the Negotiable Instruments Act.

(2.) Applicant's case is summarized as follows:-

(3.) Applicant filed affidavit of examination in chief and thereby tendered the proof of facts as regards transactions, the dishonour of cheques and notice etc. The applicant's defence as suggested in the cross examination was that the cheques were issued by way of security. Said suggestion was denied by the applicant.