ANANT DINKAR KHARKAR Vs. NITIN GOVIND SHINDE

JUDGEMENT

(1.) HEARD the learned Advocate for the applicant and the learned APP for the State.

(2.) THE applicant-original complainant has filed this application for leave to file appeal against the judgment and order dated 29th December, 2006 passed by the learned JMFC, Kolhapur in SCC No.1910 of 2005. By the said judgment and order the learned JMFC acquitted the respondent No.1-original accused of the offence punishable under Section 138 of Negotiable Instruments Act.

(3.) THE case of the complainant is that he has given an amount of Rs.1,50,000/- to the respondent-accused by way of cash and cheques. His case is that the said amount was given in parts from time to time to the respondent-accused. The learned Magistrate has come to the conclusion that there was no legal debt or liability. The extract of the accounts of the complainant show that the cheque in the amount of Rs.19,000/- was given to the respondent-accused on 4th October, 1999, amount of Rs.14,000/- was given on 18th June, 2001 and amount of Rs.16,000/- was given on 24th October, 2001 to the respondent-accused. The extract of accounts which is at Exh.15, reveals that only an amount of Rs.49,400/- was given to the respondent-accused by the complainant. However, the complainant has failed to show how he has arrived at the figure of Rs.1,50,000/- which he claims that he has advanced to the respondent-accused. The complainant has not brought on record the specific date or period when he advanced the cash amount to the respondent-accused in respect of figure of Rs.1,50,000/-. The complainant has admitted that he has not shown the amount advanced to the respondent-accused in his Income Tax return nor mentioned it in his accounts book. Useful reference may be made to the decision of this Court in the case of Vasudev Ramchand Ahuja Vs. Vilas Shripati Kamble reported in 2006(2) Bombay 1 C.R. (Cri.) 1, wherein it is observed as under: