DINESH P MEHTA Vs. PRAVIN GUPTA

JUDGEMENT

(1.) THE applicant-orig. complainant has filed this application for leave to file appeal against the judgment and order dated 9th May, 2007 passed by the learned Metropolitan Magistrate, 31st Court, Vikroli, Mumbai in Case No.51/SS/2005. By the said judgment and order, the learned Magistrate acquitted the respondent -orig. accused of the offence under Section of 138 of N.I. Act.

(2.) HEARD the learned Advocate for the Applicant-Orig. complainant and the learned Advocate for the respondent No.1-orig.accused. Perused the judgment and order of the learned Magistrate as well as the evidence, which has been annexed.

(3.) THERE is nothing on record to show that the complainant had Rs.6 lakhs in cash so as to advance it to the accused. Though a huge amount was handed over, as alleged by the complainant, there is no documentary evidence to show that such an amount was given to the accused person. No document has been obtained from the accused in writing regarding giving of Rs.6 lakhs to the accused. No prudent person would advance such a huge amount without obtaining any receipt or anything in writing. Moreover, the amount is not reflected in the Income Tax Returns or in any books of accounts of the complainant. Useful reference may be made to the decision of this Court in the case of Vasudev Ramchand Ahuja Vs. Vilas Shripati Kamble reported in 2006(2) Bombay C.R. (Cri.) 1, wherein it is observed as under: