ARUNKUMAR A SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD advocate for the applicant in support of this application under sub section 4 of section 378 of the Code of Criminal Procedure, 1973. The applicant filed a complaint complaining of offence under section 138 of the Negotiable Instruments Act, 1881. The case made out in the complaint is that the 2nd respondent (1st accused) is the mother of the 3rd respondent (2nd accused). The case of the applicant is that both were on visiting terms to the house of the applicant. The case of the applicant is that a friendly loan of Rs.32,000/- was granted by the applicant. A sum of Rs.2,000/- was paid by cash and the applicant issued cheques in the sum of Rs.15,000/- favouring the 2nd accused. The 1st accused issued post dated cheque of Rs.32,000/- favouring the applicant which has been dishonoured and the complaint has been filed on the basis of the dishonour of the said cheque.

(2.) PERUSAL of the impugned judgment shows that the evidence adduced by the applicant is to the effect that he paid a sum of Rs.30,000/- by two cheques to the 2nd accused. The defence of the 1st and 2nd accused was of complete denial. The applicant admitted in his cross examination that he does not have receipt to show that the 2nd accused borrowed loan from him. The officer of the bank examined by the applicant deposed that two cheques in the sum of Rs.15,000/- each drawn by the applicant were credited in the account of the 2nd accused. Thus, the learned Judge found that the liability to repay the amount was of 2nd accused and the cheque was issued by the 1st accused. In the circumstances, the learned Judge held that the applicant has not established that the 1st accused issued the cheque subject matter of dispute in discharge of legal liability.