ANIL BABURO KATARIA Vs. PURSHOTTAM PRABHAKAR KAWANE

JUDGEMENT

(1.) This is an application for leave to file appeal against the judgment and order of acquittal passed by the learned Judicial Magistrate, First Class (1st Court), Ahmednagar in S.T.C. No. 3528 of 2005 decided on 11-12-2008.

(2.) Briefly stated, in or about September-October 2004, present Respondent was in need of financial help and, therefore, he requested the present applicant to give him amount of Rs. 4.00 lakhs and assured to repay the same within one or two months. The applicant paid the amount. However, according to the applicant, the respondent failed to repay the amount and therefore demand was raised by applicant pursuant to which the present respondent issued cheque dated 24-5-2005 drawn on Post Office Savings Bank, Ahmednagar Branch, for Rs. 2.00 lakhs. On 25-5-2005, the applicant deposited that cheque in the said bank for encashment, but the same was dishonoured on the ground of insufficiency of funds.

(3.) Thereafter on 4-6-2005, the applicant issued notice to the Respondent calling upon him to pay the amount within fifteen days and since the amount was not paid, the complaint under section 138 of the Negotiable Instruments Act was filed. The trial Court took cognizance of the complaint and issued notice to the present Respondent who then appeared in the matter. The trial was conducted and ultimately the order of acquittal was passed which is sought to be challenged by seeking leave of this Court to file appeal.