JUDGMENT - AGUIAR A.S., J.:---The matter was taken up for final hearing as notices were issued to the respondents that the matter would be taken up for final hearing at the admission stage despite the R P not being called for. The parties have produced, by consent the copies of the R P including the testimony of the witnesses on which they have relied.

2.This is an appeal from the judgment and order dated 10th February, 2003 passed by the Vth Joint Judicial Magistrate, First Class, Thane acquitting the accused Suresh S. Shetty of the offence punishable under section 138 of the Negotiable Instruments Act holding that the complainant Girish Shetty had failed to prove his case beyond reasonable doubt.

3.Briefly, the case of the complainant is that the accused who is the proprietor of the Hotel Sairaj at Mulund had approached the complainant and requested him for a friendly loan of Rupees Three Lakhs. The complainant have the said friendly loan of Rupees Three Lakhs to the accused in cash and in repayment of the said loan amount the accused issued Cheque No. 142399 dated 19-11-1998 drawn on Dena Bank, Mulund for Rupees Three Lakhs in favour of the complainant. The complainant deposit

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