JAY GRAMGITA GRAMIN BIGARSHETI Vs. MOHAMMAD LATIF

JUDGEMENT

(1.) The original complainant in Criminal Complaint Case 1482/2004 instituted under the provisions of the Negotiable Instruments Act, 1881 ("Act" for short) is challenging the judgment and order dated 19.07.2006 rendered by Judicial Magistrate First Class, Hinganghat, by and under which, the respondent original accused is acquitted of offence punishable under Section 138 of the Act.

(2.) The complainant is a society registered under the Maharashtra Cooperative Societies Act, 1960. The complaint under Section 138 of the Act was preferred contending that the accused was sanctioned loan of Rs. 40,000/- on 31.01.2003 for business purpose. The accused availed the loan amount after executing the loan documents. The accused defaulted in repayment of loan. The accused issued cheque 045891 dated 15.02.2004 for Rs. 17,000/- towards part payment of the outstanding. The said cheque which was drawn on Wana Nagarik Sahakari Bank Ltd., Hinganghat was presented for encashment on 12.03.2004, the cheque was dishonoured, statutory notice was issued and since there was no compliance the complaint was instituted.

(3.) The complainant examined himself and Sachin Patange (C.W.2) Passing Officer-cum-Loan Officer of Wana Nagri Sahakari Bank and Wasudeo Zade (C.W.3) the Branch Manager of the Central Cooperative Bank, Wardha. The accused examined one Afsar Baig as D.W.1 to prove that the authorized representative of the complainant society Sanjay Warbhe is engaged in illegal money lending business and the cheque was issued as security and not towards discharge of existing debt or liability.