JITENDRA HALDANKAR Vs. GIRISH MAHALE

JUDGEMENT

(1.) HEARD Shri Usgaonkar, the learned Senior Counsel on behalf of the applicant, who is the complainant in Criminal Case No. OA/834/2001/C.

(2.) THE complainant seeks leave to appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 by judgment dated 31/03/2008.

(3.) SHRI Usgaonkar, the learned Senior Counsel on behalf of the complainant submits that the primary document namely the letter written by the accused on 18/12/1999 was not produced and, as such, it could not be said that the presumption available to the complainant was rebutted by the accused. Learned Senior Counsel further submits that the cheque return memo shows that the subject cheque was returned not because the Bank had obtained stop payment instructions but for "not arranged for".