NANDKISHORE MEHRA Vs. SUDHI TRANSPORT LTD

JUDGEMENT

(1.) The applicant original complainant has preferred this application for leave to appeal against the judgment and order dated 22.8.2007 passed by the learned Metropolitan Magistrate, 13th Court, Dadar, Mumbai in C.C. No.893/SS/2004. 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 judgment and order as well as the record in the present case.

(3.) The case of the complainant is that the cheque in question was issued in respect of loan of Rs. 14,50,000. No documents have been placed by the complainant on record to show payment of loan to the accused. It is seen that there is no oral or documentary evidence in respect of payment of loan to any of the accused.