SATISH LAKHMICHAND BOTHRA Vs. DILIPKUMAR GHEVARCHAND LODHA

JUDGEMENT

(1.) THE applicant seeks leave to appeal against the judgment of acquittal rendered in STC no.3376 of 2008 for offence under section 138 of the Negotiable Instruments Act.

(2.) THE applicant is partner of M/s. Dalal Lakhmichand Traders a registered firm, whereas the respondent is partner of a firm styled as M/s Dilip Ghevarchand Lodha. The case of the applicant before the trial Court was that the respondent sold maize through the applicant firm and in the context of said transaction an amount of Rs.4,57,000/- was found due for which the respondent issued cheque no.491903 dated 7.6.2008. The cheque was dishonoured when presented to the bank. Though demand notice was served yet it was not complied with within a period of 15 days and as such private complaint case was instituted by the applicant for commission of offence under section 138 of the Negotiable Instruments Act.

(3.) HEARD learned counsel and perused the R and P.