PADMAKAR NARAYAN ADAKE Vs. SAGAJI KERBA MODAK

JUDGEMENT

(1.) HEARD Advocate for the Applicant in support this application under sub section 4 of section 378 of the Code of Criminal Procedure, 1973. The complainant filed a complaint under section 138 of the Negotiable Instruments Act, 1881. The specific case made out in the complaint is that the 1st respondent-accused was in need of money for personal and business purposes and on the request made by him, a sum of Rs.1,30,000/- was paid by the applicant to the 1st respondent by way of advance/loan. There were two cheques issued favouring the applicant by the 1st respondent in discharge the said liability. The said cheques were dishonoured and therefore the present complaint was filed. By the impugned order, the 1st respondent has been acquired.

(2.) THE learned counsel for the applicant has taken me through the notes of evidence and other material documents on record. He submitted that the 1st respondent (accused) had virtually admitted the liability and in fact his case was that a sum of Rs.30,000/- was repaid by him to the Applicant. He, therefore, submitted that the learned Judge has committed an error by acquitting the 1st respondent.