KASHINATH NARAYANRAO BODKHE Vs. VINOD RAMDAS NEMALE

JUDGEMENT

(1.) The appellant, who is the original complainant, is assailing the judgment and order dated 01-7-2008 in Criminal Appeal 20/2006 delivered by the learned Ad hoc Additional Sessions Judge, Achalpur, by and under which the judgment and order dated 06-6-2006 in Criminal Case 390/2005 passed by the learned Judicial Magistrate First Class, Anjangaon Surji is reversed and the respondent (original accused) is acquitted of offence punishable under Section 138 of the Negotiable Instrument Act, 1881 ("Act" for short).

(2.) The gist of the complaint under Section 138 of the Act, is that the accused was in need of Rs. 95,000/. The complainant who was a friend of the accused, extended a hand loan in cash to the accused on 07-4-2005, towards repayment of the said hand loan, the accused on the same day i.e. 07-4-2005 handed over cheque 895266 to the complainant, which was presented for encashment on 13-4-2005. The cheque was dishonoured, the statutory notice was not complied with, although the accused did reply, and the complainant was constrained to institute the complaint under Section 138 of the Act.

(3.) The learned Magistrate was pleased to convict the accused inter alia recording a finding that the accused did not rebut the statutory presumptions under Sections 118 and 139 of the Act. The appellate Court has, however, held that the statutory presumptions are amply rebutted.