DEOGIRI TRANSPORT Vs. DAMODAR TRANSPORT

JUDGEMENT

(1.) Heard Mr. P. S. Rao, learned Advocate for the appellant and Mr. S. D. Lotlikar, learned Senior Advocate for the respondent.

(2.) By this appeal, the appellant takes exception to the judgment and order dated 30.6.2009 passed by Judicial Magistrate, First Class, Vasco da Gama in Criminal Case no. 551/NIA/2008/D by which respondent has been acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short).

(3.) The appellant is the original complainant. The complainant filed the above case through power of attorney holder Shri Prakash Sutar alleging commission of the offence punishable under Section 138 of the Act. According to the complainant, the accused had engaged services of the complainant for transporting iron ore since 2006 from M/s. Zeenath Transport Company Mines, Hospet to M/s. Sesa Industries Limited, Goa and while returning the complainant was transporting Met-coke for the accused from Mormugao Port Trust Harbour, Vasco to Hospet. According to the complainant, the accused issued two cheques dated 29.4.2008 for amounts of Rs.78,595/- (Rupees seventy eight thousand five hundred ninety five only) and Rs.3,29,976/- (Rupees three lakhs twenty nine thousand nine hundred seventy six only) drawn on Bank of Maharashtra, Hospet branch. The cheques were deposited by the complainant. Upon deposit, cheques were dishonoured. Thereafter, by legal notice dated 4.6.2008 which was sent by registered post A.D., the complainant called upon the accused to make payment together with interest. However, the said notice returned back with the endorsement "unclaimed". Thereafter, the complaint was filed.