PRADIP BHUTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant-orig.complainant has filed this application for leave to file appeal against the judgment and order dated 3rd September, 2007 passed by the learned Metropolitan Magistrate, 44th Court, Andheri, Mumbai in C.C. No.718/SS/2005. By the said judgment and order, the learned Magistrate acquitted respondent No.2-orig.accused No.1 of the offence under Section of 138 of N.I.Act.

(2.) THE case of the complainant is that the accused borrowed Rs.90,000/- from him and in discharge of the said liability the cheque in the sum of Rs.90,000/- was given by the accused to the complainant. As the said cheque bounced, after following due procedure, complaint came to be filed.

(3.) AFTER going through the evidence on record, the learned Magistrate has observed that the complainant was doing money lending business without licence and hence no legally enforceable liability arose and therefore no offence was made out under Section 138 of N.I. Act. It is on these grounds and other grounds that the learned Magistrate has acquitted the respondent-Orig.accused.