SAI AUTO AGENCIES Vs. SHEIKH YUSUF SHEIKH UMAR

JUDGEMENT

(1.) Heard learned counsel for the parties. Admit. Taken up for final disposal forthwith by consent of parties.

(2.) Appellant initiated prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act against the respondent. By impugned judgment and order dated 23.9.2009 passed by the Judicial Magistrate, First Class (Court No. 2), Amravati in Summary Case No. 5716 of 2006, respondent-accused was acquitted. Therefore, this appeal.

(3.) According to the complainant, he is a Dealer in Tractors and Agricultural Equipments, such as, plough, cultivator panji etc. Accused is an agriculturist. There was business dealing between the two. On 22.11.2005 the complainant had sold 9 tine cultivator; 5 tine Panji and plough with two furrow respectively for Rs. 14,900/-, Rs. 13,500/- and Rs. 18,500/- (in all priced at Rs. 46,900/-) to the accused on credit. In order to make payment of the bill, accused issued cheque no. 933950 dated 22.11.2005 for Rs. 46,900/- drawn on the Amravati District Central Cooperative Bank Limited, Branch at Anjangaon Surji in the favour of complainant. Complainant presented the said cheque for encashment through his bankers State Bank of India, Amravati Branch. However, the cheque was returned unpaid on account of insufficiency of funds. Complainant served the accused with legal notice dated 8.9.2006 and demanded payment of Rs. 46,900/-. Even though the accused received said notice on 11.9.2006, but instead of complying with the demand made therein, he issued false reply and that necessitated filing of complaint by appellant against accused.