SUDHAKAR Vs. DHARMARAJ SARJAJI KARANDE

JUDGEMENT

(1.) THE appeal is filed against the judgment and order of S.T.C. No. 642/1999 which was pending in the Court of the Chief Judicial Magistrate, Jalna. In the case filed by the appellant for offence punishable under section 138 of the Negotiable Instruments Act, 1881, the respondent is acquitted. Both the sides are heard.

(2.) IT is the case of the appellant -complainant that he knew the accused for about 15 years prior to the date of transaction and he had friendly relations with the accused. It is contended that the accused had sustained loss in hotelling business and in agriculture and he was in need of money. It is contended that on the demand made by the accused he gave hand loan of Rs. 35,000/ - to the accused due to the friendly relationship. It is contended that the amount was paid on 5 -6 -1998 and the accused gave post dated cheque of this amount for repayment of the hand loan.

(3.) BEFORE the Chief Judicial Magistrate, only the complainant gave evidence. He examined himself and he examined the employees of the two banks. The accused took the defence of general denial, and no specific defence was taken even in the statement given under section 313 of the Code of Criminal Procedure. He did not dare to step into witness box. The learned Chief Judicial Magistrate has acquitted the accused due to some circumstances like the complainant did not disclose specifically the source of money and the cheques which were bearing subsequent numbers, were used by the accused in the year 1996 when the cheque in question was used in 1998.