ZAHEEDA KAZI Vs. SHARINA ASHRAFF KHAN

JUDGEMENT

(1.) The complainant in C. C. No. 306/oa/04/a has sought special leave to appeal against the acquittal of the accused under Section 138 of the Negotiable instruments Act, 1881 (Act, for short).

(2.) Heard the learned Senior Counsel Mr. S. D. Lotlikar on behalf of the applicant/ complainant and Mr. N. Sardessai, the learned counsel on behalf of the respondent/accused.

(3.) The complainant had prosecuted the accused on the allegation that the accused had issued the subject cheque dated 22-5-2004 for rs. 10,00,000/- which cheque when presen-ted by the complainant for encashment was dishonoured with endorsement that the funds were insufficient and after the complainant issued the statutory notice claiming the payment due thereof, the same was refused by the accused.