MART AND PURUSHOTTAM PARSE Vs. KISHOR G. ROTEY

JUDGEMENT

(1.) APPELLANT herein was original complainant. His complaint against the respondent (accused) was for the offence punishable under Section 138 of the Negotiable instruments Act. The trial ended in judgment and order of acquittal of the accused. The appellant questions validity and legality thereof by this appeal.

(2.) THE case of complainant is that complainant had thick friendship with the accused since more than three years prior to the complaint. Accused and his wife Kanchan who intended to purchase plot, had approached complainant as they were in need of cash in September, 2003 and complainant had arranged sum of Rs. 1,09,000/- by withdrawing Rs. 1,08,750/- from his savings Bank account from Bank of Baroda and his pocket money.

(3.) ACCORDING to complainant, as counterblast to the complaint filed, wife of the accused had lodged complaint about missing of cheques kept in her purse on 10.4.2004. Crime No. 446/04 at Wardha Police Station was registered on 30.12.2004. On 14.10.2005 police reported it as "B" summary (false case).