SATYAWATI Vs. KAPURCHAND TUKARAM DEHADE

JUDGEMENT

(1.) Original complainant, who instituted proceedings under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'NI Act') against present respondents, has challenged the judgment and order of acquittal dtd. 30/9/2019 passed by learned J.M.F.C., Purna in Summary Cri. Case No. No. 140/2014.

(2.) Above S.C.C. No. 140/2014 was instituted by present appellant on the premise that, due to friendly relations between accused and her husband and due to financial crisis and need of accused, handloan of Rs.1,75,000.00 was extended for purchasing house at Karmad. As agreed, towards repayment of the said hand-loan, a cheque was issued, but on its presentation it was returned dishonored and therefore steps for issuing statutory notice raising demand were taken and on failure to pay the cheque amount, above S.C.C. was filed for commission of offence under Sec. 138 of the NI Act which, upon trial, ended up in acquittal. Hence the appeal.

(3.) Learned counsel for the appellant would point out that, offence of Sec. 138 NI Act was made out. That, all essential ingredients necessary for attracting the said offence were available, but learned trial court failed to consider the same as well as the law.