MOHD ABDUL JALEEL Vs. BALAJI RANGNATH REWANWAR

JUDGEMENT

(1.) THIS is an application seeking leave to file appeal against the judgment and order passed by the learned Chief Judicial Magistrate, Nanded in SCC 3786/03 dt. 19-11-2008 thereby acquitting the respondent / accused of the offence punishable under section 138 of the Negotiable Instrument Act.

(2.) I have heard arguments advanced by learned counsel for the respective parties. Learned Magistrate has recorded finding that the complaint has failed to establish that the amount advanced in favour of accused was towards legally enforceable debt. Defence of the accused is that there was transaction with one Dr. Veerkumar Dhongade and the accused, and some blank cheques were tendered in relation to said transaction. Cheque given in favour of Veerkumar is alleged to have been misused by him. Copy of the judgment in complaint presented by Veerkumar being Summary Case no. 216/08 is placed on record. It transpires from both judgments that the cheques issued in favour of Veerkumar as well as in favour of the complainant are drawn on Nanded Co-operative Bank Ltd. Defence raised by accused in the instant matter appears to be probable. The learned Magistrate has taken a possible view in the matter. Application seeking leave to file appeal therefore stands rejected. Consequently appeal also stands disposed of.