CANDY SPIRIT PVT LTD Vs. REEVES MIA

JUDGEMENT

(1.) The complainant seeks leave to appeal against acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881.

(2.) The complainant is a private limited Company. THE complaint was filed for dishonour of five postdated cheques. THE cheques deposited by the complainant with Central Bank of India were returned dishonoured and a notice dated 10/10/2008 when sent to the accused was not complied with.

(3.) Shri C.A. Coutinho, the learned Counsel appearing on behalf of the complainant submits that the said Jose Francisco Gomes had stated in para 2 of the affidavit in evidence that he was the authorised representative of the complainant company and working as liaison Officer for the company, a fact which was not contested by the accused. Learned Counsel then points out that the accused had paid a sum of Rs.20,000/- on 26/03/ 2010 and Rs.5,000 - on 12/04/2010 in the hands of the said SHRI Gomes and, therefore, the accused cannot now say that the said Gomes had no authority to represent the complainant. SHRI Coutinho has placed reliance on several authorities.