JASOTI KISHANCHAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant/original complainant has filed this application for leave to appeal against the judgment and order dated 12th June 2006 passed by the learned Special Metropolitan Magistrate, 50th Court, Vikroli at Bombay in C. C. No. 423/SS/05. By the said judgment and order, the learned Magistrate has acquitted the respondent No. 2/original accused, for the offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) The case of the complainant is that she has lent a friendly loan of Rs. 70,000/- to the accused. For the repayment of said loan, respondent No. 2/accused issued the cheques. As the cheques in question were dishonoured, she had issued notice to the accused. As payment was not made by the accused to the complainant within the stipulated period, complaint came to be filed by her.

(3.) I have heard learned counsel Mr. A. Q. Ansari for the applicant and learned APP Mr. V. B. Konde-Deshmukh, for the respondent-State. I have perused the judgment and order as well as the evidence in the present case which has been annexed by the complainant.