IVY JEWELLERY PVT LTD Vs. CHANDRESH SAMPAT

JUDGEMENT

(1.) The legality, propriety and correctness of the Judgment and Order dtd. 25/8/2011 passed by the learned Metropolitan Magistrate, 48th Court, Andheri, Mumbai, in Criminal Case No.512/SS/2010, whereby respondent No.1/ accused came to be acquitted of the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act'), is assailed in this Appeal.

(2.) The appellant/complainant is a private limited company dealing in the trade of diamonds. M/s D. B. Diamonds, a proprietorship of Mr Dhaval Bhatt, placed an order with the complainant for purchasing diamond jewellery for Rs.22,74,240.00. The complainant supplied diamond jewellery to M/s. D. B. Diamonds and raised nine invoices totalling Rs.22,74,240.00 out of which Mr Dhaval Bhatt paid Rs.12,71,260.00; and Rs.10,02,980.00 remained to be paid to the complainant.

(3.) It is alleged that respondent No.1/ accused, the brotherin-law of Mr Dhaval Bhatt, took over the liability of Mr Dhaval Bhatt to pay the outstanding amount of Rs.10,02,980.00 to the complainant. In pursuance of this arrangement, the accused issued a post-dated cheque bearing No.015847 ('said cheque') dtd. 18/11/2009, drawn on HDFC Bank Ltd., Malad (West) Branch, Mumbai, for Rs.10,02,980.00.