BAPURAO BHAURAO KADAM Vs. TUKARAM NAGNATH WAGHMARE

JUDGEMENT

(1.) This is an appeal by original complainant against the order of acquittal passed by the learned Chief Judicial Magistrate, Nanded in Summary Criminal Case No. 181 of 1994 decided on 13.9.1996.

(2.) Briefly stated, it is the case of the appellant-complainant that he had supplied food grain and cash of Rs. 1.00 lakhs to respondent No. 1-accused. Accused was running three hostels, two at Nanded and one at village Mangal-Sangvi. He was also promoter of a housing society. Towards food grain supplied by complainant, accused issued a cheque of Rs.43,000/= in favour of the complainant which he presented to the bank on 20.8.1993, but the same was bounced. The said cheque was issued by the accused in his capacity as chairman of the housing society "Yogi Vithalraj Guru Maharaj Seva Sahakari Grah Nirman Sanstha, Gopal Chavadi, Nanded".

(3.) After the cheque was bounced, the appellant-complainant issued first notice to Respondent No.l accused on 22.8.1993 and thereafter on 27.9.1993,25.10.1993,7.12.1993. All the notices were returned as unserved and, therefore, notice through paper publication was issued by appellant on 18.2.1994. In spite of such public notice, respondent No.l-accused did not pay the amount and, therefore, the complainant filed complaint on 17.3.1994.