KISHAN BODHANKAR Vs. M A HAMEED

JUDGEMENT

(1.) The appellant is the complainant in C.C. No. 42 of 1990, on the file of the Judicial First Class Magistrate, Bodhan. Aggrieved by the orders of acquittal passed by the magistrate under section 138 of the Negotiable Instruments Act, 1881, the present appeal was filed.

(2.) The case of the appellant is that the accused borrowed an amount of Rs. 15,000 on 11/07/1988, under a pronote and 31/01/1990, the amount swelled to Rs. 19,000 including interest accrued on the principal. On February 5, 1990, the accused issued exhibit P-1 cheque drawn on Nizamabad District Co-operative Central Bank, Bodhan Branch. But when it was presented, the cheque was returned to the appellant with an endorsement "refer to drawer". Thereafter, the appellant seemed to have sent a legal notice, exhibit P-3, on 12/02/1990, and also sent the same under certificate of posting. As the accused failed to pay the amount, a complaint was lodged on 6/03/1990.

(3.) The appellant in support of his case examined himself as PW-1 and one of the partners of the firm was examined as PW-2. The branch manager of the District Co-operative Central Bank of Bodhan was examined as PW-3. As many as 12 documents, exhibits P-1 to P-12, were got marked on the side of the prosecution and exhibits D-1 and D-2 were also marked on the side of the respondent. The magistrate after going through the evidence let in by the appellant acquitted the accused of the charge as the complainant could not establish with any cogent evidence that the cheque was issued in discharge of a legally enforceable debt.