PUKHRAJ ACHALDAS JAIN PROP MAGNIRAM ACHALDAS CO Vs. MAHENDRAKUMAR CHHAGANLAL SHAH PROP KARINA FEBRICS

JUDGEMENT

(1.) The appellant original complainant has preferred these appeals under Section 378 of the Criminal Procedure Code, 1973 and challenged the common judgment and order of acquittal dated 29.12.2009 passed by the learned Metropolitan Magistrate (Negotiable Instruments Act) Court No.8, Ahmedabad in Criminal Case Nos.4682 of 2008, 4683 of 2008 and 4684 of 2008 acquitting the respondent accused for the offence punishable under Section 138 of the Negotiable Instruments Act (for short "the Act").

(2.) According to the complainant, he is wholesale cloth merchant and accused is also dealing in the cloth business. The accused purchased cloth worth Rs.79,547/- by bill No.29 dated 5.3.2003 and Rs.77,673/- by bill No.33 dated 10.3.2003 on credit. Thereby, the accused purchased cloths worth Rs.1,56,220/- from him. The accused gave cheque No.070922 dated 4.4.2003 for Rs.79,547/- against bill No.29 drawn on Sarangpur Cooperative Bank Limited, Sarangpur branch and cheque No.523109 dated 5.4.2003 for Rs.77,673/- against bill No.33 drawn on the same bank. On presentation of the cheques in the bank, both the cheques returned unpaid with endorsement "referred to drawer". Therefore, notice through advocate was served to the accused, but despite receipt of the notice, the accused did not pay the outstanding amount. Therefore, complaint under section 138 of the Act was filed in the Court of learned Metropolitan Magistrate at Ahmedabad and it was registered as Criminal Case No.4684 of 2008.

(3.) It may be recorded that the accused also gave other cheques against his purchase, but the cheques returned unpaid on account of insufficient funds. Therefore, after service of statutory notice as the accused did not pay the amount of unpaid cheques, the complainant filed Criminal Case No.4682 and 4683 in the Court of learned Metropolitan Magistrate at Ahmedabad for the offence under section 138 of the Act.