NARENDRA ANANTSING KACHAVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel appearing on behalf of the appellant and the learned Counsel appearing on behalf of the respondents.

(2.) This application is filed by the appellant for special leave to the appeal under section 378 (4) of Cri. P. C. challenging the judgment and order passed by 3rd Additional Sessions Judge, Pandharpur whereby Sessions court set aside the judgment and order passed by the trial Court and acquitted the respondent No. 2 for the offence punishable under section 138 of the Negotiable Instrument Act.

(3.) Brief facts which are relevant for the purpose of deciding this application against acquittal is as under:-Appellant is a proprietor of Narendra enterprises, Kisan Agro Agency, mangalwedha. He filed complaint under section 138 of NI Act against the respondent no. 2 bearing S. T. C. No. 30/02 in which it was alleged that respondent No. 2 had purchased Drip Irrigation System from his shop worth Rs. 38,663/- and respondent No. 2 issued a cheque on 12-11-2001 for Rs. 20,500/ -. Respondent No. 2 also promised to pay balance amount within eight days. However, the cheque which was deposited in the bank was dishonoured for want of funds. Statutory notice was issued by the appellant. However, respondent No. 2 did not give any reply to the notice and therefore, complaint was filed. Appellant examined three witnesses and after appreciating evidence, learned Magistrate found the respondent No. 2 guilty under section 138 of N. I. Act. Against the said judgment and order, appeal was preferred by the respondent No. 2 in the Court of 3rd Additional Sessions Court, Pandharpur. The 3rd additional Sessions Judge, Pandharpur after hearing the parties allowed the appeal and acquitted the respondent No. 2.