HINDUSTAN COMPUTERS Vs. DART COMPUTERS LTD

JUDGEMENT

(1.) The appellant herein is the original complainant in SCC No.1419 of 2004.

(2.) The complainant thereafter filed an application for amendment below Exhibit 176 for amendment in the complaint and also sought liberty for production of documents. The learned JMFC Court No.3 delivered a common judgment below Exhibits 171 and 176. The Court dismissed the complaint and acquitted the accused of the offences punishable under Section 138 of the Negotiable Instruments Act. Being aggrieved by the said judgment and order, the original complainant has filed the present appeals and has prayed for dismissal of the order passed below Exhibits 171 and 176 by a common judgment and order dated 22.1.2008.

(3.) It is the contention of the appellant that the agreement dated 19.2.2003 was in fact executed between the complainant and the accused.