DEVIDAS S MARDOLKAR Vs. HARICHANDRA MANDREKAR

JUDGEMENT

(1.) The complainant in Criminal case No.320/2003 before the learned Judicial Magistrate, First Class, Vasco has preferred this appeal to challenge the acquittal of the respondent for the offence punishable under section 138 of the Negotiable Instruments Act recorded by the learned Magistrate.

(2.) The facts which gave rise to the filing of the complaint by the appellant are as under :

(3.) The appellant examined himself in support of his case and tendered necessary documents. No other witness was examined on behalf of the appellant. Though the respondent had stated in his examination under section 313 of the Criminal Procedure Code that he wanted to examine himself, he did not examine himself. After considering the evidence tendered, the learned Magistrate held that the appellant failed to prove that the cheque was issued in discharge of legally enforceable debt or liability, and also that the complainant failed to prove that it was dishonoured during the period of its validity. The learned Magistrate proceeded to acquit the respondent which led to the filing of the present appeal.