ARUN BALKRISHNA NIRMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Kocharekar, the learned Counsel for the applicant who is seeking leave to appeal under section 378 (4)of Cri. P. C. against the order of acquittal passed by the learned Special Metropolitan magistrate, 50th Court, Vikhroli, Mumbai on 24-4-2007 in C. C. No. 60/ss/2006 filed under section 138 of the Negotiable Instruments Act, 1881.

(2.) AS per the complainant the present applicant had filed the said complaint on behalf of his wife-Kavita who sold some shares through the accused and in discharge of that liability or debt the accused Shri. Jay prakash P. Sheth, Proprietor of M/s. M. P. Investments Shares and Stock Consultants had issued the dishonoured cheque and inspite of legal notice given by the wife, the accused did not pay the cheque amount and even after receiving the summons from the Court, no steps were taken to clear the said amount.

(3.) THE defence of the accused was two-fold viz. he never received the shares from the wife of the complainant and he had not issued the dishonoured cheque and in fact the cheque was stolen away from his office for which he filed a police complaint.