LAWS(BOM)-2007-1-162

CHANDRAKANT K MAHINDRAKAR Vs. LALJI SAROJ

Decided On January 24, 2007
Chandrakant K Mahindrakar Appellant
V/S
Lalji Saroj Respondents

JUDGEMENT

(1.) Heard Shri Satardekar and Shri Bhobe, the learned Counsel on behalf of the petitioner/accused and respondent no.1/Complainant, respectively.

(2.) In this revision, the petitioner-accused has assailed the Judgment dated 24.11.2006 of the learned Additional Sessions Judge, Margao, upholding the Judgment dated 03.05.2006 of the learned J.M.F.C., Vasco da Gama, by which, the petitioner-accused was convicted and sentenced under Sec. 138 of the Negotiable Instruments Act, 1881 .

(3.) Learned Counsel on behalf of the petitioner-accused contends that a blank cheque signed by the accused was stolen by his nephew/Dw2 and handed over to the Complainant towards the discharge of a liability of Rs.35,000.00 , which the said nephew had towards the Complainant and this evidence has not been correctly appreciated by both the Courts below.