SACHIN FOOD PROCESSOR Vs. SANJAY T PATHAK

JUDGEMENT

(1.) This Appeal Is Preferred By Original Complainant, Challenging the acquittal of respondentaccused, for the offence punishable under Section 138 of the Negotiable Instruments Act, as recorded by the joint Judicial Magistrate First Class, Nashik, vide his judgment and order dated 17th April, 2001, in Summary Case No.1469 of 1998.

(2.) Brief Facts Of The Appeal Can Be Stated As Follows :

(3.) The Trial Court Recorded Plea Of Respondent Vide Exh.23 to which he claimed not guilty. In support of its case, the Partner of appellant firm, Sharad Chandorkar examined himself and other two witnesses from the bank to prove dishonour of the cheque. On appreciation of this evidence, trial Court was pleased to hold that the appellant has failed to prove that the cheque was issued towards discharge of existing legal liability and accordingly the trial Court acquitted the respondent.