NITIN S/O PRABHAKAR VAIDYA Vs. ASHOK MAHADEORAO PANCHBUDHE
HIGH COURT OF BOMBAY (AT: NAGPUR)
Nitin S/O Prabhakar Vaidya
Ashok Mahadeorao Panchbudhe
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ROHIT B.DEO,J. -
(1.) The appellant is aggrieved by judgment and order dated 5.10.2005 passed in Summary Criminal Case 764 of 2005, delivered by the Judicial Magistrate First Class, (Court-23) Nagpur, acquitting respondent / accused of offence punishable under section 138 of the Negotiable Instruments Act , 1881 ("Act" for short).
(2.) The appellant (hereinafter referred to as "the complainant") instituted complaint inter-alia under section 138 read with section 141 and 142 of the Act against the respondent (hereinafter referred to as "the accused"), the gist of which complaint is that the accused who is an employee of the State Bank of India borrowed Rs. 60,000/- from the complainant on 28.10.1998 as handloan. The accused is a relative of the complainant. The complainant advanced a handloan of Rs. 60,000/- in cash to the accused and the accused promised to repay the handloan within a short period.
The accused issued cheque 129740 for Rs. 60,000/- on 14.8.2000 towards discharge of the said loan. The cheque was dis- honoured with the endorsement "alteration required full signatures" and "cheque is out of date". The complainant noticed that the returned cheque revealed overwriting and scratching in the column of the date and the amount. It is the case of the complainant, that the accused misused his position as an employee of State Bank of India and altered and scratched the contents when the cheque was forwarded for clearance to State Bank of India.
(3.) The complainant lodged a police report on 22.8.2000 alleging cheating and also lodged complaints with the superior of the accused. The complainant issued statutory notice on 31.8.2000. The accused did not comply, hence the complainant set in motion the process of law.;
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