TUKARAM MAHADEO KAMBALE Vs. AJIT DEVGONDA PATIL

JUDGEMENT

(1.) HEARD the learned Counsel for the parties. This is an application for grant of special leave to prefer an Appeal under section 4 of the section 378 of the Code of Criminal Procedure, 1973. The applicant filed a complaint under section 138 of the Negotiable Instruments Act, 1881. The learned Magistrate has passed an order of acquittal.

(2.) THE case of the complainant is that the 1st respondent-accused was in need of money for agricultural operations. The applicant is an ex-serviceman. His case is that he had received certain amount by way of retirement benefits and considering the friendly relationship, he advanced to the 1st respondent a friendly loan of Rs.1,55,000/-. A cheque dated 11th July 2005 was issued by the 1st respondent to the complainant in discharge of the said liability of loan. The said cheque was dishonoured and therefore a complaint was filed.

(3.) I have carefully considered the submissions. It is true that there are observations made by the leaned Judge at more than one place to the effect that the applicant has not cross examined the defence witnesses and their versions have got unchallenged. However, that is not the only finding recorded by the learned Judge. In paragraph 23 the learned Judge has held thus: