(1.) The applicant-complainant has preferred this application for leave to file an appeal against the judgment and order dated 20-1-2007 passed by the learned 6th Judicial Magistrate, F.C. Thane in Summary Case No. 3737 of 2004. By the said judgment and order, the learned Magistrate acquitted the Respondent No. 1-accused of the offence under Section 138 of the Negotiable Instruments Act.
(2.) The case of the complainant is that in October, 2003 the accused requested the complainant for loan of Rs. 2 lakhs. The complainant paid the amount of Rs. 2 lakhs in cash. Thereafter, the accused issued a cheque in respect of the said loan. The said cheque was dishonoured. Hence, complaint came to be filed.
(3.) I have heard the learned advocate for the applicant-complainant. I have perused the impugned judgment and order as well as the evidence.