PRITPALSING SANTSING GRANTHI Vs. MANDAVE CONSTRUCTION

JUDGEMENT

(1.) Original complainant, who is dissatisfied by the judgment and order of acquittal passed by learned Judicial Magistrate First Class, Court No.8, Aurangabad in S.C.C. No.7590 of 2016, is hereby seeking leave to question the said acquittal.

(2.) Learned counsel for applicant submitted that, proceedings under Sec. 138 of Negotiable Instruments Act were instituted on account of dishonour of cheque issued by accused towards legally enforceable debt to the tune of Rs.2,00,000.00. That, one Sagar Mandave gave dash to the complainant's vehicle and caused huge damage. Towards said damage, cheque was issued, but it was dishonoured. All ingredients for attracting under Sec. 138 of N.I. Act were available. Specific undertaking was given by accused to make up the loss. Issuance of cheque as well as signature over it has not been disputed, but learned trial court has acquitted the accused on the ground that, there is no legally enforceable debt made out. That, there is a good case on merits in appeal. Learned trial court has not appreciated the evidence as well as law, and therefore, he prays for leave.

(3.) Per contra, learned counsel for original accused respondent would submit that, complainant failed to make out essential ingredients under Sec. 138 of N.I. Act. That, at the threshold he did not make out case of legally enforceable debt. There was no undertaking as is claimed. Therefore, learned trial court has correctly acquitted the accused and he prays to refuse the leave.