DEEPAK MADHUKAR WADWEKAR Vs. VINAY BALKRISHNA SAWLAPURKAR

JUDGEMENT

(1.) By this appeal, the appellant (original complainant) has challenged judgment and order dated 09.10.2006 passed by the Court of Judicial Magistrate First Class and Special Court for 138 of the Negotiable Instruments Act, Nagpur (trial Court) in Summary Criminal Case No. 1532 of 2005, whereby the respondent no.1 has been acquitted of having committed an offence under section 138 of the Negotiable Instruments Act, 1881.

(2.) The appellant filed a complaint against the respondent no.1 under the aforesaid provision contending that a cheque dated 10.01.2005 was issued by the respondent no.1 to the appellant for repayment of cash amounts given by the appellant to the respondent no.1 between May,2004 and December, 2004. The amount stated in the cheque was Rs. 90300/- which was the total amount of cash given as loan during the aforesaid period by the appellant to the respondent. It was the case of the appellant that when the aforesaid cheque was deposited, it was dishonoured on the ground that the account had been closed. On this basis, the appellant issued notice to the respondent no.1, to which there was no reply and eventually, the appellant was constrained to file the aforesaid complaint.

(3.) The defence of the respondent no.1 (accused) was that the cheque in question might have been stolen or it might have been taken from Manish Sawalapurkar, being the cousin of respondent no.1 and that it was misused. It was the stand of respondent no.1 that he had not taken any loan as claimed by the appellant.