VIJAYKUMAR TUKARAM BHOSALE Vs. VIJAY RAGHUNATH LOKARE

JUDGEMENT

(1.) HEARD the learned Counsel appearing on behalf of the Applicant. The Applicant is challenging the judgment and order passed by the Judicial Magistrate, First Class, Ichalkaranji, whereby the Learned Magistrate was pleased to acquit the Respondent Accused for the offence punishable under section 138 of the Negotiable Instruments Act.

(2.) PERUSAL of the judgment indicates that the Trial Court has noted the admission given by the Complainant in his cross examination that the cheque in question was given as a security. The Trial Court has also noted that the Complainant had admitted in his cross examination that the Respondent Accused had paid an amount of Rs.4,000/thereafter. The Trial Court, therefore, came to the conclusion that the Complainant had not established that the cheque was given by the Accused for a legal liability.