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2010 Supreme(Bom) 53

R.M.SAVANT
Rosa Maria Fernandes – Appellant
Versus
Nauso N. Kepkar – Respondent


Advocates appeared:
For the Appellant:S. Shirodkar, Sameer Khedekar, Advocates.
For the Respondent:R.S. Sardessai, Advocate.

ORAL JUDGMENT

This is an appeal filed by the Original Complainant against the Judgment and Order dated 11.12.2008, passed by the Judicial Magistrate First Class, 'C' Court, Margao, acquitting the Respondent herein under Section 138 of the Negotiable Instruments Act, 1881, ('Act', for short).

2. The parties would be referred to as per their status in the Trial Court.

3. The criminal case filed by the Complainant relates to the dishonour of the cheque of Rs.50,000/- issued by the accused.

The facts in brief can be stated thus :

It is the case of the Complainant that she had extended to the accused a loan of Rs.50,000/- as the accused was in financial difficulties and had approached her for the said loan. It is further the case of the Complainant that on receiving the said amount of Rs.50,000/-, the accused executed a Promissory note dated 28.07.2004, declaring that the accused has taken the said amount of Rs.50,000/-from the Complainant and promising to repay the said amount to the Complainant on 28.01.2005. It is further the case of the Complainant that thereafter the accused again approached her pursuant to which the Complainant again extended to the accused a further loan of Rs

























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