ASHOK LEYLAND FINANCE LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed at the instance of the original complainant under Sec. 378 of Cr.P.C., 1973, feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 19/12/2011 passed by learned Additional Chief Judicial Magistrate, Jamnagar in Criminal Case No.569 of 2009. By the said judgment and order, the learned Magistrate has recorded the order of acquittal of respondent No.2-original accused by giving benefit of doubt for the offence punishable under Sec. 138 of the N.I. Act, 1881.

(2.) The gist of the complaint according to the complainant is that appellant is a public limited company registered under the provisions of Companies Act and is engaged in the business of automobiles leasing/higher purchase. It would be relevant to mention that the complainant is "Ashok Leyland Finance Ltd." (for short "erstwhile company") and the complaint is filed by Satish Chandulal Dube, who claims to be the Area Officer of the erstwhile company and as part of his service and the post, which he holds being authorized by the complainant, has filed the present complaint. It is contended in the complaint that the accused No.1 had obtained loan for purchase of Tata Indica Car bearing registration No.GJ-10-W-9310, for which, a separate loan agreement was entered between the parties. As per the terms and conditions of the said loan agreement, the accused had to make payment in installments, for which, the accused had handed over post dated cheques having account with the Navanagar Co- operative Bank Limited, Digvijay Plot Branch, Jamnagar. It is the case of the complainant that out of the aforesaid cheques, three cheques i.e. cheque No.582545 dtd. 19/8/2008, Cheque No.582547 dtd. 19/10/2008 and cheque No.582548 dtd. 19/11/2008, each of an amount of Rs.6,450.00 were presented by the complainant company for realization of the aforesaid outstanding loan amount. All these cheques were dishonoured on the ground of "insufficient funds", which were returned back to the complainant with copy of return memo dtd. 11/12/2008 issued by the said bank. On dishonour of the cheques, the complainant company had addressed legal notice dtd. 16/12/2008 by registered post A.D. at the known address of the respondent-accused. The said notice was returned back with an endorsement of accused having left the said place. Such acknowledgment was received back on 17/12/2008. In such circumstances, the complainant was constrained to approach the court of Learned Additional Chief Judicial Magistrate, Jamnagar by presenting complaint on 15/1/2009, which was registered as Criminal Case No.569 of 2009.

(3.) Upon verification of the complainant, the summons came to be issued upon respondent-accused and the summons were duly served. The accused had appeared before the learned Magistrate and his plea was recorded vide Exh.24. The accused had denied the case of the complainant and the learned Magistrate had proceeded with the trial.