NATASHA SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS application is for leave to appeal against the order of acquittal passed by the learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai on 4th December 2008.

(2.) THE criminal prosecution under Section 138 of the Negotiable Instrument Act came to be lodged upon two dishonoured cheques for Rs.2,00,000/- and Rs.2,57,000/- dated 28th March 2007 and 10th May 2007. The amount representing the total sum of Rs.4,57,000/-paid by the complainant to the accused is shown to be paid as follows:-

(3.) THERE is nothing to show even a receipt in respect of amounts paid. The reasoning of the learned Magistrate that the oral evidence cannot be accepted and the accused is entitled to benefit of doubt cannot be faulted.