MITA INDIA PVT. LTD. Vs. MAHENDRA JAIN

JUDGEMENT

(1.) Heard Mr. B.B. Sawhney, learned Senior counsel appearing for the appellant and Mr. Nitin S. Tambwekar, learned counsel appearing for the respondent and perused the pleadings exchanged between the parties.

(2.) Under challenge is the judgment and order dtd. 4/4/2019 passed by the learned Single Judge of the High Court in exercise of powers under Sec. 482 Cr.PC setting aside the orders of the trial court dtd. 30/1/2018 and 23/7/2018 and that of the Revisional Court dtd. 26/9/2018.

(3.) The appellant-company, M/s.Mita India Pvt. Ltd. awarded a contract to the respondent - Mahendra Jain for shifting of 33 K.V. electrical overhead line at its plant at Dewas. In connection with the said contract, the appellant-company by mistake made excess payment. The respondent agreed to refund the excess amount and issued two cheques to the appellant-company for its refund. The cheques were dishonoured on account of instructions "stop payment ".