RIYAZ B NAIK Vs. SHARAD KSHIRSAGAR

JUDGEMENT

(1.) HEARD the learned advocate for the applicant in support of this application for grant of special leave to prefer an appeal under sub-section 4 of section 378 of the Code of Criminal Procedure, 1973.

(2.) THE applicant filed a complaint against the 1st respondent alleging commission of offence under section 138 of the Negotiable Instruments Act, 1881. The case of the applicant in the complaint is that he was carrying on business of supplying sand. His case is that he had friendly relationship with the 1st respondent. The 1st respondent demanded friendly loan of Rs.01,25,000/- for construction of his house. Relying upon the 1st respondent, the applicant advanced an amount of Rs.01,25,000/- to him. The applicant further stated in the complaint that the 1st respondent purchased sand worth Rs.25,000/- from the applicant for construction of the house. In discharge of the aforesaid liability of Rs.01,50,000/-, the 1st respondent issued a cheque in the sum of Rs.01,50,000/- which was dishonoured.

(3.) I have carefully considered the submissions. Before going to the defence of the 1st respondent it will be necessary to refer to averments made in the complaint as well as in the affidavit in lieu of examination-in-chief. The applicant has stated in his affidavit in lieu of examination-in-chief thus: