ROHIT B.DEO,J. - (1.) Exception is taken to judgment and order dated 10.7.2015 in Summary Criminal Case 99 of 2013 delivered by the Judicial Magistrate First Class, Saoner, acquitting the respondent of offence punishable under section 138 of the Negotiable Instruments Act , 1881 (hereinafter referred to as the "Act" for short). The appellant, who is the original complainant was employed with Madhyadesh Paper Mill Limited, Malegaon, Tahsil Saoner, District Nagpur. He contends that he was acquainted with the accused through one Prem Ranjan Singh. The accused is the proprietor of Ram Agency and is engaged in the business of petrol pump located at mouza - Gujarkhede, Nagpur, Saoner Road.
(2.) The complaint instituted under section 138 of the Act reveals that the case of the complainant was that the accused alongwith Prem Ranjan Singh approached the complainant on 10.9.2012 seeking handloan of Rs. 2 lakhs. On the recommendation of Prem Ranjan Singh, on 15.9.2012 the accused handed over the amount of Rs. 2 lakhs in cash to the accused, in the presence of Prem Ranjan Singh. The accused promised to repay the said amount of Rs. 2 lakhs within two months. The complainant demanded the refund and after two month the accused issued cheque 185890 drawn on State Bank of India, Saoner branch dated 15.11.2012 for Rs. 2 lakhs. The said cheque was presented by the complainant to his banker, the cheque was dis-honoured and since the statutory notice was not complied with, complaint under section 138 of the Act was instituted.
(3.) The complainant has examined himself as CW 1. In paragraph 2 of the examination in chief, he has deposed that on 10.9.2012 Prem Ranjan Singh and the accused approached the complainant seeking loan of Rs. 2 lakhs for the accused. CW 1 has further deposed that on 15.9.2012, he handed over Rs. 2 lakhs to the accused through Prem Ranjan Singh in cash. In the cross- examination, in paragraph 6, CW 1 admits that he did not have any relation with accused. He further admits that he did not personally hand over the amount to accused and that he handed over the amount through Prem Ranjan Singh. CW 1 further admits that the disputed cheque Exh. 40 was handed over to CW 1 by Prem Ranjan Singh and not by the accused. CW 1 has no documentary or other proof save and accept his word and that of Prem Ranjan Singh, to show that he extended loan of Rs. 2 lakhs to the accused. CW 1 further admits that he has not disclosed the loan of Rs. 2 lakhs in the income tax returns.;