VILAS R NAIK Vs. UDAY SHIVAJI VAST

JUDGEMENT

(1.) This appeal is filed by the complainant and is directed against Judgment dated 14.11.2008 of the Learned J.M.F.C., Ponda, acquitting the accused under Section 138 of the Negotiable Instruments Act, 1881.

(2.) The complainant and the accused are neighbours. The complainant is a businessman and the accused is a bank employee. The case of the complainant is that the complainant advanced to the accused in the month of April, 2006 a sum of Rs. 20,000/-by a bearer cheque bearing No. 0055983 dated 22.4.06. However, due to typing mistake the number 0055984 was wrongly typed instead of 0055983. The case of the complainant is that the accused again approached him in May, 2006, for another advance of R.1,00,000/-and the complainant obtained a gold loan of Rs. 1,00,000/-from Dhavli Urban Co-Operative Credit Society Limited and paid the said amount to the accused and the accused promissed to pay back the amount within a month.

(3.) The case of the complainant was also that the accused issued to the complainant a cheque dated 30.6.06 for Rs. 60,000/-towards part payment of the advance and requested him not to immediately deposit the said cheque for encashment since the accused was unable to arrange funds for the same and therefore the complainant did not present the said cheque immediately. The case of the complainant was also that pending the said encashment, the accused issued another cheque dated 5.9.06 for Rs. 60,000/-drawn on the same bank towards the balance repayment but when the complainant deposited both the cheques, the same were returned on 6.9.06 with endorsement that the payment was stopped by the drawer. The complainant, therefore, issued a notice to the accused dated 16.9.06 but the accused did not reply to it and hence the complainant filed the complaint on 26.10.06 and examined himself in support of the same. The complainant also examined a friend by name Vallabh Vinayak Madkaikar who instead of supporting the case of the complainant, destroyed it to a great extent.