VIJAY RAMA POOJARY Vs. ANAND MODHE

JUDGEMENT

(1.) THE applicant-original complainant has preferred this application for leave to appeal against the judgment and order dated 13/3/2007 passed by the learned Metropolitan magistrate, 21st Court, Bandra, Mumbai in case No. 421/s/2002. By the said judgment and order, the learned Magistrate acquitted the respondent-accused of the offence under section 138 of Negotiable Instruments Act.

(2.) I have heard the learned advocate for the applicant and the learned APP for the state. I have perused the evidence which has been annexed by him as well as the judgment and order.

(3.) MR. Toraskar, the learned Advocate for the applicant has submitted that the learned Magistrate has taken into consideration only one aspect i. e. Exhibit-D-4. He has not taken into consideration the other evidence. As per the complainant, accused owed Rs. 8,23,000/- to him. Accused returned rs. 3,43,000/ -. Thus, an amount of rs. 4,80,000/- was due and payable by the accused. According to the complainant, the amount of Rs. 4,80,000/- along with interest comes to Rs. 5,74,000/ -. The further case of the complainant is that accused gave cheque of Rs. 5,75,000/- to the complainant which cheque was dishonoured and hence, he filed complaint.