INDERCHAND LAKHICHAND KHIVSAR Vs. GOKUL PITAMBAR PATIL

JUDGEMENT

(1.) The petitioner is challenging the reversal order passed by the III Ad-hoc Additional Sessions Judge, Dhule whereby the revision application preferred by the respondent No. 1-accused was allowed and the order passed by the Chief Judicial Magistrate, Dhule dated 17/12/2004 at Exh. 71 filed by the respondent-accused, was set aside. In the result, by allowing the revision application, the re visional Court has referred the matter for expert's opinion as contemplated under section 45 of the Evidence Act.

(2.) Heard the learned counsel for the petitioner and the learned A. P. P. for the respondent-State. None for the respondent No. 1 though served.

(3.) Admittedly, respondent No. 1 has not discharged his liability or returned the amount of cheque No. 46075 drawn on Merchant Co-op. Bank, Dhule, which was issued by the petitioner for business purpose. On 5-2-2000, the petitioner had deposited the said cheque which was returned back with an endorsement "funds are insufficient". The cheque was re-deposited in the Bank as per the request of respondent No. 1 between the period from 21-4-2000 to 30-5-2000, but in vain. By notice dated 3-6-2000, the petitioner demanded the said amount again. The respondent though served, did not reply the same. On 1-7-2000 a complaint was filed under section 138 of Negotiable Instruments Act. By one way or the other, the respondent was delaying the proceedings. There were earlier litigations also between the parties which resulted against respondent No. 1 and even an exemplary costs was also awarded against respondent No. 1.