RAJENDRA SURAJMAL MANUDHANE Vs. ARUN MAHADEORAO ANASARE

JUDGEMENT

(1.) This appeal has been preferred by the appellant complainant against the judgment and order dated 24.05.2004 delivered in Other Summary Criminal Case No.1805 of 2002 by the learned Judicial Magistrate First Class, Yavatmal, thereby acquitting the respondent of the offence punishable under section 138 of the Negotiable Instruments Act, 1881.

(2.) Heard the learned Counsel for the appellant complainant as well as the learned Counsel for the respondent. I have carefully gone through the record of the case and the impugned judgment and order.

(3.) The prosecution case in nutshell is that; the appellant and the respondent (hereinafter referred to as "the accused" for the sake of brevity) were having cordial relations with each other. The accused was in need of Rs. 75,000/-. He requested for the said amount to the complainant. On his request, the complainant handed over the amount of Rs. 75,000/- to the accused for the purpose of construction of his house and private purpose on 28.02.2002. In token, one document i.e. stamp paper of Rs. 20/- was prepared and executed with regard to the said transaction by the accused. The accused gave the cheque bearing no.014773 of Rs. 75,000/- of the Yavatmal Urban Cooperative Bank, Branch Datta Chowk, Yavatmal to the complainant on the same day. The accused assured the repayment of Rs. 75,000/- prior to 05.07.2002. The accused, however, did not repay the said amount to the complainant. Therefore, on the complainant deposited the said cheque in his bank i.e the Bank of Syndicate, Branch Yavatmal for encashment. However, on 06.07.2002, the complainant received the memo of Bank of Syndicate, Branch Yavatmal along with the memo of the Yavatmal Urban Cooperative Bank, Branch Datta Chowk, Yavatmal thereby he was informed that the said cheque was dishonoured due to "insufficient funds" in the account of the accused. The complainant then issued notice on 12.07.2002 to the accused demanding the amount of Rs. 75,000/- within 15 days. The accused received the said notice. However, he did not pay the said amount to the complainant, Therefore, the complainant filed the complaint against the accused for the offence punishable under section 138 of the Negotiable Instruments Act.