VIKAS GOPI BHAGAT Vs. SHIVDAS PEDNEKAR

JUDGEMENT

(1.) The appellant is the complainant who is aggrieved with the Judgment and Order of acquittal dated 28.5.2013 passed by the Judicial Magistrate, First Class, Canacona, Goa, in Criminal Case no.7/OA/NI/2012 by which the respondent/accused came to be acquitted for the offence punishable under Sec.138 of the Negotiable Instruments Act.

(2.) The facts in brief can be summarized as follows: The appellant filed a complaint under Sec.138 of the Negotiable Instruments Act, against the respondent/accused. It is the case of the appellant/complainant that since the respondent/accused was in need of financial assistance to carry out repairs of his house, he approached the appellant/complainant in the first week of Nov. 2010, and requested to lend an amount of Rs.4,00,000.00. The respondent assured to repay the amount within a year. One Dinesh Sudhakar Komarpant introduced the respondent with the complainant for the first time in the month of Aug., 2010.

(3.) As the accused was in need of Rs.4,00,000.00 and had assured to repay the amount within one year, the complainant paid an amount of Rs.4,00,000.00 on 12.11.2010, which was duly acknowledged by the respondent in the presence of witnesses. The respondent issued a cheque bearing no.3194 dated 7.1.2012 in the sum of Rs.4,00,000.00 drawn on the Mapusa Urban Co-operative Bank of Goa Limited, Mapusa Branch. When the complainant deposited the aforesaid cheque in his account at Syndicate Bank at Canacona Branch, under advance verbal intimation to the respondent/accused for the payment of the cheque amount, the said cheque came to be returned as dishonoured on 14.1.2012. There was an endorsement appearing on the Banker's Return Memo issued by the Banker as 'Not Arranged For". The complainant orally informed this fact to the respondent/accused, however the accused did not bother to repay the amount and has given false assurance.