BHAICHAND HIRACHAND RAISONI Vs. SHABBIRSHA SHAKURSHA

JUDGEMENT

(1.) This appeal is by Pat Sanstha - original complainant against the acquittal of respondent - accused.

(2.) The appellant - complainant filed a private complaint under Sec. 138 of the Negotiable Instruments Act against respondent - accused (hereinafter referred to as 'accused') contending that, the complainant Society had granted a loan of Rs.43,456/- to the accused to purchase motorcycle. To discharge the liability, accused had issued cheque of Rs.30,000.00 bearing No.796574 of Jalgaon District Central Cooperative Bank, Shendurni on 19.6.2003. The cheque was presented to the Bank and was returned on 21.6.2003 for insufficiency of funds. A notice dated 27.6.2003 came to be issued, but returned back as the accused did not claim the same.

(3.) In the trial Court, on behalf of the complainant, evidence of one of its employees Gajanan Pandurang Tayade was brought on record. He proved the dishonoured cheque and the memorandum from the Bank Exh. 33 and Exh.34 regarding dishonour. He also proved the notice Exh.35 and the sealed envelope Exh.36-A with notice inside Exh.36-B. The trial Court, after considering the evidence, acquitted the accused and thus, this present appeal against acquittal.