P.P. SUDHAKARAN Vs. MRS. SHYLA SATHYAN

JUDGEMENT

(1.) Exception is taken to the judgment and order dated 22-8-2014 in Summary Criminal Case 20843/2013, delivered by the learned 28th Judicial Magistrate First Class and Special Court acquitting the accused of the offence punishable under Section 138 of the Negotiable Instruments Act , 1881 (hereinafter referred to as the "Act").

(2.) Heard Shri G.N. Khanzode, learned Advocate for the appellant/complainant. None appears for the respondent.

(3.) The case of the complainant is that he and the husband of the accused are close friends since fifteen years. The complainant used to help the accused to tide over financial difficulties. The complainant contends that at the request of the accused, he extended financial help from time to time totalling Rs.2,65,000/-. The accused assured to repay the said amount within a year, which she failed to do. However, since the complainant insisted on repayment, the accused issued two cheques of Rs.2,00,000/- and Rs.65,000/-, both the said cheques were dishonoured when presented for encashment. Statutory notice was issued to the accused, there was no compliance and the complainant instituted proceedings under Section 138 of the Act.