AMOL NAVELKAR Vs. NITIN B VIRGINKAR

JUDGEMENT

(1.) THE complainant in c. C. No. 1065/2001/oa/a/d has sought special leave to appeal against the acquittal of the accused under Section 138 of the negotiable Instruments Act, 1881 (Act, for short), vide Judgment/order dated 9-6-2006.

(2.) HEARD the learned Counsel on behalf of the applicant/complainant and the respondent/accused.

(3.) THE case of the complainant was that the complainant had advanced to the accused in the course of business, a loan of Rs. 80,000 and the accused in repayment of the said loan had issued to the complainant a cheque dated 9-7-2001 bearing No. 0277460 for Rs. 80,000/- which when presented for encashment was returned with endorsement "refer to Drawer" and after the complainant issued the said statutory notice which the accused received on 7-11-2001, the accused failed to make the payment within 15 days of receipt of the said notice. In support of the case, the complainant had examined himself. The accused also examined himself as well as the bank Manager.