PAKDHANE CEMENT HOUSE Vs. RAMESH

JUDGEMENT

(1.) The appeal is directed against the judgment and order passed by the learned Judicial Magistrate, First Class, Mangrulpir, District Washim in Summary Criminal Case No.884 of 2003 delivered on 24th September, 2000 whereby the respondent/accused Ramesh Sheshrao Deshmukh was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) Heard the submissions at the bar.

(3.) It was the case of the complainant in the trial Court that he is a proprietor of Pakdhane Cement House, Mangrulpir, Tq.Mangrulpir, District Washim and the complainant was carrying on the business of selling building materials as a proprietor of the said firm. According to the complainant, the accused had purchased cement worth Rs.90,750/- on 2nd November, 2001 on credit. The accused had paid cash amount of Rs.14,750/- and for balance amount of Rs.76,000/-, he had issued a cheque bearing No.131210 drawn upon the Bank of Maharashtra, Mangrulpir Branch. That cheque was presented to the Akola Urban Co-operative Bank, Mangrulpir Branch by the complainant on 11.3.2003. But, on the following date, it was returned dishonoured for insufficient balance in the account of the accused. Therefore, the complainant had issued demand notice dt.12.4.2003, which was received by the accused on 19.4.2003, but he did not comply with the demand and therefore, the complainant had prosecuted the accused on the ground that he had committed the offence punishable under Section 138 of the Negotiable Instruments Act.