1997 (3) TMI 624

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.... Srinivas, Adv. and Public Prosecutor JUDGMENT 1. Aggrieved by the order of acquittal in CC No. 24 of 1992, the complainant preferred this appeal. The learned Magistrate by his order dated 11-7-1995 in CC. No. 24 of 1992 acquitted the accused for an offence punishable under Section 138 of Negotiable Instruments Act (for short 'the Act'). The appellant before this Court strenuously co....

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....e specific case of the complainant that the amount was lent by way of a cheque and it is his further case that on the next day he sent post-dated cheque along with a letter. But in the witness box he categorically submitted that he paid the amount from his salaries and he is not maintaining any account and he is not an Income Tax assessee. Though he does Real Estate business and earns lakhs of rup....

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....own case depending upon the oral and documentary evidence on record. In this case, as the complainant failed to prove satisfactorily that he has sufficient capacity to lend the amount of Rs. 1,25,000/- and more so, by way of cheque and his failure to prove that the amount was actually drawn by the accused, the accused cannot be punished for an offence under Section 138 of the Act. 3. Further I ....