CLINT B RODRIGUES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant original complainant has filed this application for leave to file appeal against the judgment and order dated 16.10.2007 passed by the learned Metropolitan Magistrate, 21st Court, Bandra, Mumbai in C.C. No. 24/SS/2006. By the said judgment and order, the learned Magistrate acquitted the respondent No.2 original accused of the offence punishable under Section 138 of N.I. Act.

(2.) Heard the learned counsel for the applicant original complainant. Perused the judgment and order of the learned Magistrate as well as the evidence which has been annexed.

(3.) The case of the complainant is that he had advanced loan of Rs.7,23,000 to the accused and the cheque in question was issued in respect of the legally enforceable liability, which arose out of the loan even by the complainant.