RAMAKANT RAMCHANDRA DALVI Vs. RASHMI RAJU MHATRE

JUDGEMENT

(1.) BY the present application, the applicant/original complainant is seeking special leave to file an Appeal against a judgment and order of acquittal passed by the Magistrate dismissing a complaint filed by the applicant under Section 138 of the Negotiable Instruments Act.

(2.) THE complainant averred in the complaint that he had advanced a hand loan in the sum of Rs. 6,00,000/- to the accused and the accused issued the cheque of Rs. 5,00,000/- which when presented for encashment was dishonoured. The complaint is silent about the time as to when the amount of Rs. 6,00,000/- is said to have been advanced. Perusal of the evidence reveals that some time in July, 2004 the amount is claimed to have been advanced by the complainant. Even in the evidence of the complainant, there is no whisper of the time when the amount was paid and the manner in which it was paid.

(3.) DURING the examination, the complainant also admitted that some writing/ agreement was entered into when the amount of Rs. 6,00,000/- was advanced to the accused but the said writing/agreement was not placed on record by the complainant in the case before the Trial Court.