TEJARAM RAMNATH MOURYA Vs. RAMASERY HARIDAS SONI

JUDGEMENT

(1.) Heard.

(2.) The applicant original complainant has preferred this application for leave to file appeal against the judgment and order dated 1st November, 2007 passed by the learned JMFC, Court No. 1, Pune nn S.C.C. No.28159 of 2005. By the said judgment and order, the learned Magistrate acquitted the respondent original accused of the offence under Section 138 of the Negotiable Instruments Act.

(3.) The case of the complainant is that the respondent-accused took amount from the complainant from time to time for purchasing land and when the complainant demanded the said amount from the accused, the accused issued cheque of Rs. 10,00,000 (Ex. 23). No documents have been filed by the complainant to show that he had given loan to the accused. The complainant has not filed . the books of accounts as well as the income tax returns. As per the affidavit of examination-in-chief, the complainant has paid the amount to the person shown as owner of the property through the accused. Thus, it is noticed that the complainant had given this amount to the person calling himself as the owner of the property. Useful reference may be made to the decision of this Court in the case of Vasudev Ramchand Ahuja v. Vilas Shripati Kamble, 2006 2 BCR(Cri) 1 wherein it is observed as under :