VINOD AGENCIES Vs. SAYYED YUSUF SAYYED MEHMOOD

JUDGEMENT

(1.) Applicant original complainant who had instituted proceeding under Sec. 138 of the Negotiable Instruments Act [N.I. Act] against the present respondent bearing S.C.C. No. 686 of 2016 is aggrieved by the judgment and order of acquittal dtd. 18/12/2018 passed by the learned JMFC, Majalgaon and hence he seeks leave to prefer appeal against the judgment and order of acquittal.

(2.) Learned counsel for original complainant/applicant pointed out that complainant is conducting business of selling plywood, laminate, hardware products. He runs an agency by name M/s. Vinod Agencies. It is pointed out that accused is his customer who had purchased material worth of Rs.11,13,300.00 on credit on 25/5/2006. He assured to repay within two days. However, he failed and therefore, only on insistence and hot persuasion, accused issued cheque drawn on his bank i.e. Rajashri Shahu Urban Co-operative Bank, Majalgaon. However, on its presentation it was returned dishonored and therefore, legal notice was issued. Learned counsel for the applicant pointed out that said notice was received by accused and as such he was expected to repay the cheque amount within fifteen days. But he failed and therefore, complainant was constrained to initiate proceeding under N. I. Act.

(3.) Learned counsel for the applicant pointed out that transaction has been proved. There is no denial of issuance of cheque or signature over it. Therefore, there was strong presumption in favour of the complainant. However, trial court has acquitted the accused only on the ground that some sales tax documents were not placed regarding said transaction. He pointed out that complainant had placed on record income tax returns but still same has not been considered and appreciated properly. Therefore, judgment being erroneous, complainant intends to prefer an appeal, hence, he seeks leave.