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2015 Supreme(Bom) 971

C.V.BHADANG
Venkatesh Sadanand Pai – Appellant
Versus
Kanchan A. Shenvi Kakodkar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :C. Padgoankar, Advocate.
For the Respondents:R1, Ryan Menezes, Advocate.

Judgment :

1. By this appeal, the appellant/ complainant is challenging the judgment and order dated 16/12/2011 passed by the learned Judicial Magistrate, First Class, at Quepem, by which, the respondent has been acquitted from the offence under Section 138 of the Negotiable Instruments Act, 1881 (the Act, for short).

2. The brief facts are that the appellant was working as a teacher in New Educational Institute, Churchorem, where the husband of the first respondent/ accused was an Headmaster. This is shown to be the reason for acquaintance between the appellant and the first respondent. The appellant came with a case that the first respondent had approached him, for a hand loan from time to time to meet her 'urgent requirements'. According to the appellant, for a period from June 2006 to December, 2007, the appellant had advanced various amounts ranging from Rs.30,000/- to Rs.80,000/- to the respondent, totalling to Rs.7 lakhs. The first respondent had promised to repay the said amount within a month from the date of the last payment of Rs.75,000/- on 05/12/2007. However, she failed therein. The appellant with the intervention of the Avdhuth Kakodkar, the husband of the first respon























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