SUKHALAL KUMAR Vs. PRAKASH B BORKAR

JUDGEMENT

(1.) THIS is complainant's appeal by special leave, against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 (Act, for short) by Order dated 2772004 of the learned J. M. F. C. , Margao.

(2.) THE case of the complainant is that the complainant knows the accused for many years as the accused was doing business at Margao and that the accused on 5-7-2002 approached the complainant for a loan of Rs. 2,00,000/as the accused was in need of money and accordingly the complainant advanced a sum of Rs. 2,00,000/to the accused on 15-7-2002 and after the said amount was handed over the accused gave a cheque bearing No.CSS/c/575523 dated 11-10-2002 and when the complainant deposited the said cheque the same was returned with endorsement "account Closed" whereupon the complainant sent a legal notice dated 25102002 which the accused received and since the accused failed to comply with the same, the complainant filed the complaint and in support thereof, the complainant examined himself.

(3.) ON the other hand, it was the case of the accused that the accused had lost the said cheque which was signed by the accused and which otherwise was blank on which the complainant put an amount of Rs. 2,00,000/and deposited the same in the Bank. It was also the case of the accused that he did not know the complainant and as the accused had lost the cheque book the accused had closed the said account. The accused examined himself and produced a copy of the intimation dated 1482002 informing the Manager of United Bank of India about the loss of the said cheque book as well as a statement of his account which showed that he had closed the said account on 1482002.