IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 50 OF 2012

IN

STAMP NUMBER MAIN NO. 2637 OF 2011

THE VIVIDHA URBAN CO-OPERATIVE

CREDIT SOCIETY LTD. REP. BY SHRI

BALWANTRAO JAIWANTRAO DESSAI.,

... Applicant

Versus

SHRI MARUTI KRISHNA NAIK AND ANR.,

... Respondents

Shri Rohan Desai, Advocate for the Applicant.

Shri H. D. Naik, Advocate for Respondent No.1.

Ms. M. Pinto, Additional Public Prosecutor for Respondent No.2.

Coram:- F. M. REIS, J.

Date:-

25th July, 2012

P.C.:

Heard Shri R. Desai, the learned Counsel appearing for the

applicant, Shri H.D. Naik, the learned Counsel appearing for

respondent no.1 and Ms. M. Pinto, the learned Additional Public

Prosecutor appearing for respondent no.2.

2. The above application is filed by the applicant for leave to

challenge the judgment dated 13/05/2011 whereby the respondent has

been acquitted for charges framed against him under Section 138 of

the Negotiable Instruments Act.

3. Shri R. Desai, the learned Counsel appearing for the applicant

during the course of the submissions has pointed out that the primary

ground on which the respondent no.1 has been acquitted is that there

is no evidence to establi