AMIT DIGVIJAY SINGH Vs. GOKULDAS JAGANNATH BHUTADA

JUDGEMENT

(1.) This application takes an exception to the order passed by the 6th Judicial Magistrate First Class, Nashik (for short "said Court") on 09th May 2019 thereby issuing process against applicant for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short "the said Act").

(2.) The present applicant is an accused in the Summary Case No. 2373/2018 and first Respondent is original complainant before the said Court. It was stated in the complaint that, complainant is an agriculturist and resident of Kasabe Vani, Taluka Dindori, District Nashik. The accused and the complainant were known to each other and has had good acquaintances and were friends since long. It is alleged that, the Accused met with the complainant and represented that he was in need of money for his business. Accordingly, the accused requested the complainant to give him the hand loan of Rs. 30,00,000.00 (in words Rs. Thirty Lakhs only) for the purpose of his various businesses. The accused assured the complainant that the said amount will be refunded when money will be available with him. Having a cordial relationship with the Accused, the complainant relying upon the said assurance of the Accused paid him an amount of Rs. 30,00,000.00 in cash. Since the hand loan was given looking to the cordial relationship between the parties the said loan was interest free hand loan.

(3.) It was alleged that, in pursuance of the acccused's liability and / or legal dues payable to complainant, accused had issued and delivered to the complainant a cheque bearing No. 137572 dated 15.12.2017 drawn on Business Bank, Ltd., Mahatma Nagar, Nashik for a sum of Rs. 30,00,000.00 with an assurance to honour the said cheque immediately upon the presentation thereof.