Aurangabad, Aug 20:
The requisites for proving the offense of 'cheque dishonour' under Section 138 of the Civil Records Act have not been fulfilled. Therefore, district magistrate first class VH Khedkar has recently ordered to acquit Afzal Khan Sher Khan Pathan in this case.
Afzal Khan took a loan of Rs 70,000 for the treatment of his wife from complainant Abdul Hakeem Nayab Ali Siddiqui. The check he gave to repay it was dishonoured. Khan did not return the dishonored check amount despite sending a notice by the complainant. Complainant Abdul Hakeem then filed a complaint.
Moreover, the complainant had admitted in his cross-examination that the Rs 500 notes given to Afzal Khan in the amount of Rs 70,000 had been withdrawn from circulation due to demonetization. Therefore, Afzal Khan's lawyers argued that the exchange of such currency does not prove legal liability against anyone. Adv Imran Mustafa Pathan represented the case on behalf of Afzal Khan. He was assisted by Adv Ahmed Pathan.