AMOL NAVELKAR Vs. NITIN B. VIRGINKAR

JUDGEMENT

(1.) THE complainant in C.C. No. 1065/200 I/OA/A/D/ has sought special leave to appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 (Act, for short), vide judgment/order dated 9.6.2006.

(2.) HEARD the learned Counsel on behalf of the applicant/complainant and the respondent/accused.

(3.) ADMITTEDLY , the complainant and the accused are maternal first cousins and the accused had also been residing with the complainant from the year 1989 to 1994. The parents of the accused had also given a power of attorney to the complainant and it appears that on the allegation that the said power of attorney was misused by the complainant a Civil Suit bearing No. 81/2001/B has been filed and the same is pending The case of the accused was that the complainant misused one of the two blank cheques which were given by the accused to the complainant and filled in the details and presented the same for payment in order to pressurize the accused to withdraw the said Civil Suit.