VITHAL TULSHIDAS ZALMI Vs. BASWARAJ KEDARJI

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned JMFC, Panaji acquitting the respondent no.1 for offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) The appellant filed a complaint in respect of dishonour of cheque of Rs.50,000/-, admittedly issued by the respondent no.1-accused on 5/10/2010. The learned trial Magistrate accepted the defence that the cheque was issued towards purchase of sand and not for purchase of scrap of a vehicle as alleged by the complainant. The learned Magistrate, therefore, proceeded to acquit the accused.

(3.) After the appeal was admitted notice had been sent to the accused and also action under Section 390 Cr.P.C. was ordered. Since none appeared for respondent no.1-accused, advocate Ms. Ketki Pednekar was appointed as Amicus Curiae to help the Court.