KAILAS KHANDERAO THOMBRE Vs. ASHOK BABURAO BERAD

JUDGEMENT

(1.) HEARD the learned counsel.

(2.) THE order of acquittal for the offence punishable under section 138 of Negotiable Instruments Act, recorded by Judicial Magistrate, First Class, Court No. 2, Ahmednagar, dated 11/05/2006, is under challenge by the complainant for which leave is sought.

(3.) THE complainant claims that there was oral agreement between him and the accused and the property belonging to accused admeasuring 10 Ares was leased to him with monthly rent of Rs. 2,000/- and deposit of Rs. 1,00,000/-was paid to the accused. Since the complainant desired to vacate the premises, he accordingly vacated and asked the accused to refund the amount and accused issued cheque, on presentation with bank it was dishonoured, followed by statutory notice and non compliance thereof in lodging complaint under section 138 of Negotiable Instruments Act.