SURESH B DHOOT Vs. PETER F GONSALVES

JUDGEMENT

(1.) NONE for the appellant. Heard Shri Adsule, the learned APP appearing on behalf of the respondent No.2 - State.

(2.) APPELLANT is the original complainant who had filed the complaint against the respondent - accused under section 138 of the Negotiable Instruments Act. The said complaint was dismissed by the Metropolitan Magistrate, 33rd Court at Ballard Pier, Bombay by Judgment and Order dated 04/01/1994. Being aggrieved by the said Judgment and Order, the appellant has preferred this appeal against acquittal against respondent No.1.

(3.) BRIEF facts are that the complainant, in his complaint, had alleged that he had given an amount of Rs.30,000.00 to the accused as he was badly in need of money for conducting his petrol pump business. After the complainant on several occasions requested the accused to repay the loan, the accused issued cheque on 01/06/1990. The complainant deposited this cheque in his Bank. However the said cheque was dishonoured with the remark "Refer to Drawer". According to the complainant, a statutory notice was served on the accused. No reply was given to the said notice and, therefore, the complaint was filed under section 138 of the Negotiable Instruments Act.