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SNS

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

APPELLATE CRIMINAL JURISDICTION

CRIMINAL APPLICATION NO.2220 OF 2009

IN

CRIMINAL APPEAL NO. OF 2009

Sachin Ashok Patil

...Applicant.

v/s.

Prakash Shripati Waghare & Anr.

...Respondents.

Mr. Nagesh Y. Chavan , adv. For the Applicant.

Mr. Shrikant Yadav, adv. For the Respondent No.1.

Shri P.S.Hingorani, APP for the R.No.2.

CORAM : J.H. BHATIA, J.

DATED : MARCH 23, 2011.

P.C.

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Heard the learned counsel for the applicant and the

respondent no.1 and perused the relevant documents. The applicant is

original complainant, who had filed complaint under Section 138 of the

Negotiable Instruments Act against the accused/respondent. According to

the applicant, he had given an amount of Rs.50,000/- as hand loan

because accused was in financial difficulty. He had agreed to repay the

loan amount as soon as he would have funds in December, 2006.

Accordingly, on 31.12.2006 accused issued a cheque of Rs.50,000/- in

favour of the complainant. The cheque was presented to the drawee bank

on two occasions and it was returned unpaid. In the month of June, 2007,

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accused allegedly asked