RAJARAM GULABAI NAIK Vs. VITHAL APP GAWAS

JUDGEMENT

(1.) The applicant-original complainant has preferred this application for leave to file appeal against judgment and order dated 8th July, 2005 passed by the learned Judicial Magistrate, First Class, Sawantwadi, in R. C. C. No. 100/2000. By the said judgment and order, the learned Judicial Magistrate, First class acquitted the respondent-original accused of the offence under section 138 of the Negotiable Instruments Act.

(2.) The case of the complainant is that his wife owned a truck bearing No. GA-01/ a-1043. The complainant looked after all the transactions of the truck belonging to his wife. The complainant and accused entered into a contract in respect of the said truck, whereby the truck was given on rental basis to the accused at the rate of rs. 30,000/- per month. As there were arrears of Rs. 40,000/- towards rent, the accused gave cheque of Rs. 20,000/- to the complainant. As the cheque was not honoured, the complaint came to be filed.

(3.) The complainant has also not produced any agreement entered into between his wife and the accused or the complainant himself and the accused in respect of the truck. Moreover, the complainant has not produced any document to show that he was authorised by his wife to deal with all the transactions of his wife including financial transactions of the said truck. The complainant has not produced any document to show that he was looking after the said transactions. Admittedly, the truck belongs to the wife of the complainant. The wife has appeared before the Court and she has deposed on oath and her deposition shows that she is competent to understand the nature of all the transactions relating to the truck. Hence, in such case it is not understood, why the cheque was given in the name of the complainant and not in the name of the wife of the complainant.