2008 (4) TMI 816

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mani, J. 1. The applicant has preferred 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.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....income tax returns. Thus, it is seen that 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 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s not been brought out in the evidence of either 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 Finan....