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2015 Supreme(Bom) 1585

C.V.BHADANG
Sulekhabai Yeshwantrao Chowghule – Appellant
Versus
Shaik Vahid Jahangir alias Shaik Vaid – Respondent


Advocates Appeared:
Shri Sudin Usgaonkar, Senior Advocate with Shri Kishan Padgaonkar, Advocate for the Appellant.
Shri Arun Bras De Sa with Shri Siddesh Shet, Advocates for the Respondent No. 1.

JUDGMENT :

By this appeal, the appellant is challenging the acquittal of the first respondent from an offence punishable under Section 138 of the Negotiable Instruments Act (the Act, for short).

2. The brief facts necessary for the disposal of the appeal may be stated thus:

That, the original complainant, Smt. Sulekhabai Chowghule (since deceased) had given a hand loan of Rs.30,00,000/-to the first respondent on 28.04.2009. The complainant is having an account with the Lokmanya Multipurpose Co-operative Credit Society Limited, Baina Branch (the Credit Society, for short). The complainant had requested the said Credit Society to issue a cheque to the first respondent, debiting her Savings Bank Account bearing Account No. 211. At her request, the said Credit Society issued a cheque No. 843394 dated 28.04.2009, drawn on the Oriental Bank of Commerce, in favour of the first respondent. At the request of the Manager of the Credit Society, the Oriental Bank of Commerce transferred a sum of Rs.30,00,000/-to the account of the first respondent with ICICI Bank Limited. The first respo


















































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