Tahilramani V. K., J. - (1.)The applicant original complainant has preferred this application for leave to appeal against the judgment and order dated 16.10.2007 passed by the learned Magistrate, 43rd Court, Borivali, Mumbai in Case No.l035/S/2006. By the said judgment and order, the learned Magistrate has acquitted the respondent No.l accused of the offence under Section 138 of Negotiable Instruments Act.
(2.)I have heard the learned Advocate for the applicant. I have perused the evidence which has been produced by him as well as the impugned judgment and order.
(3.)The case of the complainant is that the accused had taken friendly loan from him between May, 1998 and February, 2000. For discharging the said loan, three cheques came to be issued by the accused for the amount of Rs. 20,000, Rs.10,000 and Rs. 9,500 totalling to Rs. 39,500. As the said cheques were not honoured, the complaint came to be filed.