NILESH J RAIKAR Vs. RAMAKNT S KAREKAR

JUDGEMENT

(1.) This is an Appeal seeking reversal of the judgment and order of acquittal dated 31.8 2006 passed by the Sessions Court (II) Margao in Criminal Appeal No.9/2006 and restoration of the order of conviction passed by the learned JMFC, Margao dated 27.12.2005 in Criminal Case No. 130/N/96/D under section 138 of Negotiable Instruments Act, 1881.

(2.) Controversy in the present case arises on the issue of issuance and delivery of two cheques bearing cheque no.623587 dated 1,7.1996 for Rs.2,00,000/ and cheque no.623587, dated 1.7.1996 for Rs.2,65,000/ by the respondent/accused Ramakant Karekar in favour of the appellant/complainant Nilesh Raikar. The appellant/complainant pleaded before the trial Court that the respondent/ accused had issued the said cheques in course of jewellery business. This assertion of the appellant/complainant has been seriously disputed by the respondent/accused. It is his contention that the said cheques were stolen from his custody and were forged, in respect of which he had lodged a police complaint. Briefly, the respondent/accused disputes his hand writing and his signatures on the said cheques.

(3.) Learned trial Court observed that the accused had made futile attempts to lead defence evidence and the accused should have led the evidence of hand writing expert to prove the case of forgery. The learned trial Court further observed that both the cheques were from the cheque book of the accused person and it was therefore incumbent upon the accused to refer both the cheques to the hand writing expert. These observations, it appears, weighed in the mind of learned Trial Court to convict the respondent/accused.