MAHESH LAXMAN JUWATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Advocate for the petitioner-orig. complainant, respondent No. 6 present in-person and the learned APP for the State.

(2.) THE petitioner had filed a complaint against respondent Nos. 4 and 5. The said complaint was under Section 138 of Negotiable Instruments Act. It was numbered as C. C. No. 1363/ss/2005. In the said case, by order dated 17. 2. 2007 the learned Metropolitan Magistrate convicted respondent No. 4 under Section 138 of N. I. Act. Respondent NO. 5 came to be acquitted therein. Respondent No. 4 was sentenced to suffer S. I. for six months and he was also directed to pay compensation of Rs. 2,85,000/- within one month in default S. I. for one month.

(3.) THE cheque in question was issued on 2. 4. 2004 for an amount of Rs. 2,85,000/ -. In the said proceedings flat No. 203, 2nd Floor, Uma Niwas, New Rameshwar CHS, Pestam Sagar, Road No. 5, Chembur, Mumbai -89 came to be attached. The case of the petitioner is that the flat belongs to respondent Nos. 4 and 5. However, respondent No. 6 states that infact the flat belong to him as it was sold to him in 1999.