SARVESH ROHIDAS SHIRODKAR Vs. MAJBOOR MEHBOOB

JUDGEMENT

(1.) Heard the learned Counsel for the applicant and the respondent no. 1.

(2.) This is an application for leave to appeal against acquittal. The applicant had filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (the Act, for short), against the respondent no. 1. The case made out in the complaint was that the applicant had accommodated respondent no. 1 in the sum of Rs.60,000.00, by way of a hand loan and towards repayment of the same, the respondent no. 1 had issued a cheque dtd. 31/1/2011 in favour of the applicant for Rs.60,000.00, drawn on Syndicate Bank, Kavlem Branch, Ponda. The said cheque got dishonoured, whereupon the aforesaid complaint came to be filed.

(3.) The learned Magistrate framed five points, out of which, point nos. 1 and 3 were answered in the negative and against the applicant. The learned Magistrate thus, found that the applicant had failed to prove that the subject cheque was issued towards discharge of a legally enforceable debt or liability. The learned Magistrate also found that the applicant had failed to prove that the subject cheque was returned unpaid for funds insufficient, as the memo issued by the Syndicate Bank was found to be unsigned and consequently, the intimation of the applicant's bank was also found to be unsubstantiated.