2008 (4) TMI 816

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....rred this application for leave to file appeal against the acquittal of the respondent No. 1 accused. 2. By judgment and order dated 21.12.2006 passed in C.C. No. 3189/SS/2005. the learned Metropolitan Magistrate, 12th Court, Bandra, Mumbai has acquitted the respondent No. 1 accused of the offence under Section 138 of Negotiable Instruments Act, 1881. 3. I have heard the learned Advocate for the....

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....t there is absence of documentary evidence to substantiate the factum of advance of loan. Useful reference may be made to the decision of this Court in the case of Vasudev Ramchand Ahuja Vs Vilas Shripati Kamble, 2006 (2) BGR. (Cri) 1, wherein it is observed as under: The observation seen by the trial Court that amount allegedly paid by complainant during period has not been reflected in Income ....

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....PW1 Abdul nor in the evidence of complainant. On the other hand, the case of the accused is that the cheque was in the custody of PW 1 Abdul by way of part payment for motorcycle. The account of the accused on which the cheque came to be drawn, shows that the account was for a special purpose i.e. for payment of monthly installments to Sadguru Finance Company in respect of loan for vehicle. It was....