STATE OF MAHARASHTRA Vs. KALPAK BHASKAR

JUDGEMENT

(1.) The applicant/original complainant has filed this application for leave to appeal against the judgment and order dated 18th May 2006 passed by the learned Judicial Magistrate, First Class, Solapur in Summary Trial Case No. 49998 of 2003. By the said judgment and order, the learned Magistrate has acquitted the respondent/original accused, for the offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) The case of the complainant is that it is a dairy doing business of supplying milk. The accused used to daily take about 200 to 300 litres milk from the said dairy, hence, amount of Rs.2,89,096/- was due to the complainant from the accused. In respect of the said liability, the cheque in question came to be issued. As the cheque was dishonoured, the complaint came to be filed.

(3.) I have heard learned APP Mr. K. V. Saste for the applicant and learned counsel Mr. P. R. Arjunwadkar, for the respondent/accused. I have perused the judgment and order as well as the evidence in the present case which has been annexed.