UNIVERSAL BEVERAGES LTD Vs. STATE OF GOA

JUDGEMENT

(1.) LEAVE to amend.

(2.) THIS revision is directed against the Order of the learned judicial Magistrate, First Class, Panaji, dated 10th March, 1993 whereby the learned Magistrate has dismissed the petitioners complaint bearing Criminal Case No. 263/92/b on the ground of non-prosecution on the part of the petitioners.

(3.) IN short the case of the petitioners is that sometime in January/february, 1992 the petitioners had supplied to one Ajit Narayan Kawlekar, proprietor of MIs. Kawlekar Agency, Pnoda, soft drinks worth Rs. 46,748-75. The said Kawlekar issued cheques to the petitioners for the said amount but when the cheques were presented for clearance to the Bank they bounced because the Bank informed its inability to honour the said cheques for insufficiency of funds. This was on 20. 5. 1992. There upon on 3. 6. 1992 the petitioners issued the statutory notice to the said Ajit requiring him to pay the amount.