SHEIKH SHABBIR Vs. SHASHIKALA PRABHAKAR SANKHALKAR

JUDGEMENT

(1.) This is an appeal against acquittal. The appellant had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent nos. 1 and 2 for dishonour of the cheque. The learned Magistrate acquitted the respondent nos. 1 and 2 vide judgment and order dated 31.10.2011. One of the reasons for acquittal is that there was no material to show that the appellant had advanced a sum of Rs.1 lakh to the respondent nos. 1 and 2. The learned Magistrate has also relied upon Section 269-SS of the Income Tax Act, in order to hold that a transaction in excess of Rs.20,000/-, cannot be in cash.

(2.) On behalf of the appellant, an extract of the bank account is sought to be produced on record. That statement of account is in respect of the bank account of the appellant with Canara Bank. According to the appellant, the statement shows the transaction dated 28.10.2008.

(3.) The learned Counsel for the respondent nos. 1 and 2 opposes the production of the statement of account and disputes the correctness of the same. The learned Counsel for the respondent nos. 1 and 2 states that in the event, the document is allowed to be produced, the matter will have to go back to the learned Magistrate. The learned Counsel for the respondent nos. 1 and 2 states that there is also an issue whether, the original complainants could have filed the complaint in their individual capacity.