ANIRUDHA ANANTRAO Vs. PANDIT INSTRUMENTS

JUDGEMENT

(1.) Present appeal has been filed by the original complainant challenging the acquittal of the respondents by learned Judicial Magistrate First Class, Aurangabad in Summary Criminal Case No.3718/2001 on 28/2/2007 from the offence punishable under Sec. 138 of the Negotiable Instruments Act.

(2.) Heard learned Advocate Mr. A.P. Bhandari for the appellant and learned Advocate Mr. A.S. Gandhi for respondent No.2.

(3.) The original complainant has come with a case that he is the proprietor of one M/s. Creative Industries. Accused No.1 is a private limited company and accused No.2 is the Director of accused No.1. It is also stated that she was responsible for the day to day affairs of the accused No.1- company. The complainant had business transactions with accused No.1 and in connection with the same, accused No.1 had issued cheque bearing No.297022 dtd. 23/4/2001 for Rs.3,49,000.00 through Managing Director Mr. Prabhakar Pandit, as part payment towards outstanding bill. The said cheque was drawn on State Bank of Hyderabad, Branch Aurangabad. It was presented by the complainant for encashment with his banker Ajanta Urban Co-operative Bank, Aurangabad, however, the cheque was dishonoured with reason "Exceed Arrangement" and the said intimation was received by the complainant on 6/8/2001. The complainant issued statutory notice to both the accused on 16/8/2001, which was in fact posted on 18/8/2001. That notice was received to the accused persons on 24/8/2001, however, in spite of receipt of the said notice the amount under the cheque was not given and, therefore, he filed the complaint.