BHAUSAHEB SHRAVAN KUMAWAT Vs. SANTOSH MADHAVRAO VYAVHARE

JUDGEMENT

(1.) Applicant herein is seeking leave to appeal against the Judgment and Order of acquittal passed by Judicial Magistrate First Class Yeola in S.C.C. No. 10/2010 thereby acquitting the respondent No. 1 under . The facts of the case in nutshell are like that: Present applicant happens to be the original complainant in S.C.C. No. 10/2010. It is the case of the complainant that the accused i.e. Santosh Madhavrao Vyavhare was acquainted with the applicant as they both were in the same business. Accused had demanded an amount of Rs. 65,800/- as a hand loan from the complainant and the complainant had obliged him by paying the said amount of 08/02/2009. Accused had assured the complainant that the said amount would be repaid within one month. However, he did not fulfill the assurance which he made in spite of repeated demands. On 20/11/2009, the accused had issued a cheque to be drawn on Yeola Merchant Co-operative Bank for an amount of Rs. 45,800/-. The said cheque was dishonored on 25/11/2009 due to "Insufficient Funds". The complainant had issued statutory notice. Since no payment was made, the complainant filed a complaint in the Court of Judicial Magistrate First Class, Yeola.

(2.) The complainant has examined himself on oath. The complainant has also filed documentary evidence. The accused had replied the notice which is at Exhibit 23. The accused i.e. present respondent had examined his wife Anita.

(3.) It is the case of the accused that the cheque was given to the complainant by way of security. After taking into consideration the role as well as documentary evidence, learned Magistrate has acquitted the accused under section 138 of Negotiable Instruments Act.