SAI TRADERS Vs. SURYAKANT KASHINATH OVHAL

JUDGEMENT

(1.) ORIGINAL complainant has filed the present appeal challenging the order dated 10-5-2002 passed by the learned Chief Judicial Magistrate, Jalna.

(2.) HEARD learned Counsel for the respective parties at length. R and P is also called.

(3.) THE appellant had filed a complaint before the learned Chief Judicial magistrate, Jalna on 8-1-1998 contending that the complainant and accused are businessmen. The accused had purchased CTD round steel bars worth rs. 1,35,024/- under invoice dated 5-2-1998. Thereafter, under invoice dated 15-2-1998, the accused also purchased the same goods worth Rs. 1,22,760/ -. The goods were received by them. It is contended that the accused had issued a cheque bearing No. 035958 dated 15-9-1998 for the amount of Rs. 17/240/- towards part payment, which was dishonoured on 19-9-1998, as intimated by the Bank -the Jalna Peoples' co-operative Bank Ltd. , Jalna on 29-9-1998. The complainant had issued notice by registered post A. D. which was duly received by the accused but they did not reply. The accused subsequently issued a cheque No. 035957 drawn on Central Bank of India, Pune dated 15-10-1998 for Rs. 1,22,760/ -. Said cheque was dishonoured for insufficient funds and it was intimated by the said bank under memo dated 3-11-1998. In the meantime, the accused accepted liability of delayed payment and travelling charges of Rs. 22,610/- for which the complainant had issued a debit note 17-10-1998 to the accused. Thereafter, again the accused issued a cheque No. 111929 dated 17-10-1998 for Rs. 30,000/- drawn on Sangli Bank Ltd. , Pune which was again dishonoured on 29-10-1998. The accused had again accepted their fault and their liability to pay Rs. 49,630/- towards delayed payment, misc. expenses and travelling charges. In short, three cheques amounting to Rs. 1,22,760/-, Rs. 30,000/- and rs. 15,000/- were dishonoured and accused failed to make payment on/or before 10-12-1998. Accordingly, the complaint was filed.