PANDURANG SAHADU GUNJAL Vs. BABULAL MANAKCHAND KOTHARI

JUDGEMENT

(1.) This is criminal application for leave to file appeal against the order of acquittal passed by the learned Judicial Magistrate, First Class, Court No. 1, Ahmednagar in S.T.C. No. 5575 of 2007 decided on 8.5.2009, whereby the present respondent No. 1 was acquitted of the offence punishable under section 138 of the Negotiable Instruments Act, 1881.

(2.) Heard Shri Gaware for the applicant, Shri Garud for respondent No. 1 and Shri Suryawanshi, A.P.P. for the respondentState.

(3.) It is the case of present applicant who was original complainant that he had lent Rs. 4,50,000/ to the respondent No. 1 in February, 2006 as a hand loan for purchasing a plot. Respondent No. 1 agreed to repay the amount within six months and thereafter avoided to make payment. Therefore, at the persuasion of complainant, the respondent No. 1 issued cheque dated 1.8.2007 of Rs. 4,50,000/ on the Nagar Urban Cooperative Bank Ltd., Ahmednagar. The cheque was presented by the present applicant and it was dishonoured and therefore, the applicant issued notice on 17.10.2007 to the respondent. Since no payment was made within 15 days, the complaint was filed.