RAJENDRA BABAL NAIK Vs. C M MATHEW

JUDGEMENT

(1.) The complainant seeks leave to appeal.

(2.) The complainant had prosecuted the accused under Section 138 of the Negotiable Instrument Act 1881. The case of the complainant, in brief, was that the complainant had lent an amount of Rs. 2,90,000/-to the accused and towards the repayment of the same the accused had given to the complainant the subject cheque i.e. the cheque dated 30.12.2004 for Rs. 2,90,000/-.

(3.) The complainant sent a statutory notice to the accused. The accused replied the same. In the said reply, the accused alleged that the said cheque was stolen by the complainant when the complainant had visited the accused. The complainant did not file any reply.