PRABHUDAS MOHANLAL BHIMANI Vs. INFINITIVE PHARMACEUTICAL INDUSTRIES

JUDGEMENT

(1.) BY filing this application under section 378 (4) of Criminal Procedure Code 1973, the applicant original complainant has prayed for leave to appeal against the judgment and order of acquittal passed by learned Metropolitan Magistrate Court No. 2, Ahmedabad dated 6th March 2007 in criminal case No. 833 of 1999.

(2.) THE opponent No. 1 was prosecuted for the offence punishable under section 138 of Negotiable Instruments Act. The trial court after recording of the evidence and hearing, the learned advocates for the parties, came to the conclusion that the prosecution has failed to prove the offence charged against the opponent No. 1 and therefore acquitted him for the offence punishable under section 138 of Negotiable Instruments Act. Being aggrieved by the said decision the original complainant has preferred this application under section 378 subsection (4) of Criminal Procedure Code, 1973 for leave to appeal.

(3.) COMPLAINANT Messrs Prabhudas Mohanlal Bhimani a partnership firm was running business of Provision and Chemical and had supplied chemical goods to the opponent No. 1. It is alleged that the opponent No. 1 gave a cheque of Rs 1,09,295/- to the complainant for the goods purchased. The cheque was presented to the bank but the same was dishonoured with the endorsement ?Sexceeds arrangement??. Therefore a notice of demand was sent to the opponent No. 1 by registered post A.D and under postal certificate demanding the paymnt of the cheque amount. The registered envelope contending the notice was returned with the endorsement ?Srefused?? but the notice sent under postal certificate has reached opponent No. 1 but the opponent No. 1 did not make the payment and committed the offence punishable under section 138 of Negotiable Instruments Act. Therefore complaint was filed.