VIJAY MANOHAR Vs. AVINASH PUNDALIK

JUDGEMENT

(1.) Heard the learned Counsel for the applicant and the learned Counsel for respondent no. 1-orig. accused. The applicant-original complainant is present in person in court.

(2.) The applicant has preferred this application for leave to file appeal against the judgment and order dated 16. 12. 2006 passed by the learned Additional Sessions judge, Gr. Bombay in Appeal No. 497 of 2005. By the said judgment and order, the learned Sessions Judge acquitted the respondent-accused of the offence under section 138 of Negotiable Instruments Act.

(3.) The cheque Bearing No. 569203 dated 10. 9. 2003 issued by the accused in favour of complainant drawn on Nasik Merchant co-Operative Bank Branch Gandhi Nagar branch for an amount of Rs. 1,50,000/- is part of the record before the trial Court. In view of the settlement between the parties, the said cheque be returned to the respondent-accused within a period of six weeks from today. Application disposed of.