VILAS BALIRAM SAWANT Vs. MAYURI Y SHAH

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The complainant has preferred this Writ Petition challenging the order passed by the Additional Sessions Judge, Greater Mumbai in the Criminal Revision Petition No. 1275 of 2008, whereby he quashed the process issued by the Magistrate under section 138 of the Negotiable Instruments Act against the accused, who is Respondent no.1 before this court.

(3.) To state in brief, the complaint was filed by one Vilas Baliram Sawant claiming to be constituted attorney for one Bhaskar Sakharam Bandiwadekar. Said Bhasker Sakharam Bandiwadekar is proprietor of RABTURNS which is a Proprietorship concern. The accused had allegedly purchased certain goods from RABTURNS for consideration of Rs.3,00,000/and it was agreed that he would make initial payment of Rs.1,50,000/and balance amount of Rs.1,50,000/would be paid on the delivery of machines. Accordingly, the accused made payment of Rs.1,50,000/, machines were supplied and the accused issued a cheque dated 10.03.2008 for amount of Rs.1,50,000/in favour of RABTURNS against his account maintained with Bank of India, Ghatkopar (East) Branch. The cheque was presented for encashment but it was returned on 10.05.2008 with endorsement "payment stopped by the drawer ". Inspite of notice no payment was made. Hence, the complaint.