ASHOKKUMAR KACHRULAL ZANWA Vs. BAJRANG VENKET KADAM

JUDGEMENT

(1.) Heard learned Advocates for respective parties.

(2.) By this application original complainant seeks leave to prefer appeal against acquittal. The complainant had filed complaint alleging offence under section 138 of negotiable Instruments Act. According to complainant, there was a business deal between complainant and accused. Accused used to purchase fertilizers on credit. On 28-10-2002 amount of Rs. 1,53,400/- was due towards accused, so demand of the same was made. After that demand dated 28-10-02. on 11-12-2002 accused issued a cheque bearing No. 028200 for Rs. 1,40,000/- in favour of the complainant. Said cheque later on came to be dishonoured so offence under section 138 of N. I. Act was alleged to have been committed.

(3.) At the trial, accused put forth a specific defence that he has repaid the entire amount and no dues were outstanding with him. In support of his defence he has examined, himself and one Arun Tukan an employee from R. C. F. who has produced on record the extract of accounts at Exhs. 40 to 42. After considering that evidence, the learned Magistrate held that the presumption arising in favour of the complainant because of issuance of cheque came to be rebutted by the evidence of accused and his witness the employee from R. C. F. and finally the acquittal came to be recorded. Complainant intends to prefer appeal against that acquittal and seeks leave by this application.