LALIT NARAYAN THAKKAR Vs. NARENDRA GAJANAN SHARMA

JUDGEMENT

(1.) Judgment and order passed by learned J.M.F.C. Ist Court, Jalgaon dtd. 14/10/2003 acquitting respondent from offence under Sec. 138 of the Negotiable Instruments Act (the NI Act) is assailed by original complainant by filing instant appeal.

(2.) Appellant, who is a Co-operative Credit Society, extended loan of Rs.25,000.00 to the accused, which was agreed to be repaid with interest. Towards repayment of same, accused issued cheque dtd. 9/5/1998 worth Rs.1419.00. On its presentation, it was returned dishonoured and therefore, after statutory notice, when accused failed to pay the cheque amount, proceedings under Sec. 138 of the NI Act was instituted.

(3.) Learned trial Court, on primary satisfaction, issued process against accused, who appeared and set up a defence denying issuance of cheque towards any repayment of loan or any liability. According to defence, there were no dues at his end.