SADASHIV TRIPATHI JANGAM Vs. GANDU TAYAPPA MURGUDE

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This application is filed for leave to file an appeal against the order dated 3rd December, 2008 by which the trial court acquitted respondent no.l of the offence punishable under Section 138, Negotiable Instruments Act.

(3.) The applicant claims to have given a hand loan of Rs.80,000/ to respondent no. 1 towards discharge of which the cheque in question was allegedly given. It is noted by the trial court that the applicant has not brought any evidence before the court as regards the hand loan. It was his deposition that the amount was given in cash to respondent no.l in the presence of his wife, one Hanumant Waigade and one Shivaji Todkar. The applicant has however not examined any of these persons.