LAWS(BOM)-2008-8-250

ARVIND K. PANDYA Vs. STATE OF MAHARASHTRA

Decided On August 21, 2008
Arvind K. Pandya Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD the learned Counsel for the applicant. This is an application seeking special leave to appeal under Section 378(4) of Cr.P.C. against the order of acquittal passed by the learned Metropolitan Magistrate, 28th Court, Esplanade, Mumbai in C.C. No. 1054/S/2002.

(2.) CHEQUES bearing Nos. 091480 and 901479 of Rs. 1,00,000/- and Rs. 1,07,240/- respectively issued by the accused were dishonoured on account of "Insufficient funds" in the Bank account of the accused. The complainant had issued the statutory notice and there was no response as alleged by the complainant. Before the Trial Court though the accused did not engage any lawyer, he cross-examined the complainant and brought out the following admissions :

(3.) A copy of the complaint is annexed to the appeal memo and the findings of the Trial Court are right that in the complaint there was no mention of the transaction against which the debt was created. The complaint did not say whether the money was to be recovered by the complainant by way of loan recovery or by way of business transaction having sold certain goods. The Trial Court, therefore, held that the complainant could not prove his case that the dishonoured cheques were issued against debt or any legally enforceable liability and that the accused had rebutted the presumptions by cross-examining the complainant. The learned Counsel for the applicant relied upon the decision in the case of K.N. Beena v. Muniyappan & Anr., IV (2001) CCR 196 (SC)=2001(8) SCC 458, Para 6 of the said decision reads as under: