RAHUL RAMESH DUBEWAR Vs. RITESH PURNAJI @ PUNJAJI PATIL

JUDGEMENT

(1.) Challenge is to the judgment and order dated 05-9-2005 in Summary Criminal Case 1177/2002, delivered by the learned Judicial Magistrate First Class, Court 1, Pusad, acquitting the respondent- accused of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "Act").

(2.) Heard Ms. Rucha Pande, learned Advocate holding for Shri Shantanu Ghate for the appellant. None appears on behalf of the respondent.

(3.) The gist of the complaint under Section 138 of the Act is that in view of friendly relations between the complainant and the accused, a hand loan of Rs.40,000/- was extended by the complainant to the accused and towards refund thereof the accused issued cheque 452972 for Rs.40,000/- dated 27-6-2002 in favour of the complainant. The said cheque was presented for encashment to the Yavatmal Urban Co-operative Bank Limited, Pusad Branch on 27-6-2002, the said cheque was dishonoured by the banker of the accused for want of sufficient funds, a statutory notice was issued which was not complied with by the accused, and the complainant instituted proceedings under Section 138 of the Act.