(1.) The applicant-original complainant has preferred this application for leave to file an appeal against the judgment and order dated 21. 11. 2006 passed by the learned Special metropolitan Magistrate, 50th Court, vikhroli, Mumbai in Case No. 1263/ss/2005. By the said judgment and order, the learned Magistrate acquitted the respondent No. 1 accused of the offences under section 138 of the Negotiable Instruments Act.
(2.) The case of the complainant is that he had lent Rs. 10 lakhs to the accused on 6. 6. 1999. The cheque in question came to be issued in respect of the said loan. As the cheque was dishonoured, complaint came to be filed.
(3.) Moreover, it has been brought out in the evidence of the complainant that prior to this loan, the complainant had advanced an amount of Rs. 3 lakhs and Rs. 4 lakhs to the accused and to the brother of the accused. Cheques were given in respect of those loans to the complainant, however, those cheques bounced. Hence, complaint came to be filed by the complainant. Both the complaints came to be dismissed as the complainant was not present. The complainant has not filed any revision or appeal against the order of dismissal. If as per the case of the complainant, he had earlier lent amount to the accused and his brother and cheques in respect of the said amounts were not honoured, it is difficult to believe that thereafter the complainant would borrow Rs. 10 lakhs from his relatives to give it to the accused. No prudent man would advance loan of Rs. 10 lakhs when the cheques pertaining to the earlier loans had bounced.