SMT.V.K.TAHILRAMANI,J.: - The Applicant has preferred this application for leave to file appeal against the acquittal of the Respondent No.1-accused.

2. By judgment and order dated 21.12.2006 passed in C.C.No.3189/SS/2005, the learned Metropolitan Magistrate, 12th Court, Bandra, Mumbai has acquitted the Respondent No.1-accused of the offence under Section 138 of Negotiable Instruments Act, 1881.

3. I have heard the learned Advocate for the Applicant-complainant. I have perused the evidence which has been produced by him as well as the impugned judgment and order.

4. The cheque in question is for an amount of Rs.65,000/-. The case of the complainant P.W.2 Ms.Sayyada is that she had advanced loan to the accused no.1 for repairs of his house. However, in the cross examination of this witness, it has been brought on record that she could not state the date or month on which she claims to have advanced the loan to the accused. She has also stated that while advancing loan amount, she has not obtained any receipt from the accused. Though the complainant is an income-tax assessee, she has admitted that the amounts which she had advanced by way of loan to the accused is not reflected in th

Click Here to Read the rest of this document