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2018 Supreme(Bom) 962

MANISH PITALE
Sunanda W/o Narendra Rithe – Appellant
Versus
Madhav S/o Bhimrao Rajurkar – Respondent


Advocates Appeared:
For the Appellant :Mr. P.A. Kadu, Advocate
For the Respondent:Ms. Apurva Kolhe, Advocate holding for Mr. A.S. Kilor, Advocate

JUDGMENT :

1. Admit. Heard finally by consent of the learned counsel for parties.

2. Appellant herein is original complainant, who has filed this appeal challenging judgment and order dated 07.08.2017 passed by the Chief Judicial Magistrate (trial Court) in Summary Criminal Case No.610/2012, whereby the trial Court has acquitted the respondent (original accused) of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The case of the complainant herein is that the respondent (her brother) was in need of money and that she had advanced an amount of Rs.2,50,000/-to him, in respect of which a document titled as “Usanwar Paoti”, (Exh.28) was executed. As per the said document-Exh. 28, dated 29.01.2011, the said amount had been given to the respondent and he had given a cheque to the appellant for repayment of the said amount. The said amount was to be repaid by 31.12.2011. It was also recorded in the said document-Exh. 28, that if the cheque was not honorued, the respondent would be liable to pay interest as per the bank rates to the appellant, on the said amount.

3. According to the complainant, the cheque was dated 31.12.2011 for an amount of Rs.2,50,000/-. I




























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