SUDARSHAN CHEMICAL INDUSTRIES LTD. Vs. SHOBAN PIGMENTS

JUDGEMENT

(1.) The applicant, a limited company, had prosecuted the respondent nos.1, 2 and 3 on the allegation that these respondents had committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act). The respondent no.1 herein is a proprietary concern. The respondent no.2 herein is the proprietor of the respondent no.1, and the respondent no.3 herein is said to be the constituted attorney of the proprietor. After holding a trial, the Judicial Magistrate First Class, Pune, found the said respondents not guilty, and passed an order of acquittal. Being aggrieved by the said order of acquittal, the applicants have approached this Court and are, by the present application, seeking leave to file an Appeal from the said order of acquittal.

(2.) I have heard Mr.Subodh Desai, the learned counsel for the applicant. I have heard Mr.Sahil Mahajan, the leaned counsel for respondent nos.1, 2 and 3. With their assistance, I have gone through the application and the annexures thereto, which include not only the impugned Judgment, but also the evidence adduced during the trial and a copy of the complaint.

(3.) The case of the complainant was that they had some business transactions with the accused and that accused had been purchasing Pigments from the complainant on credit basis. That, the accused had purchased Pigments to the tune of Rs.9,34,152/- (Rupees Nine Lac Thirty Four Thousand One Hundred and Fifty Two) 'from time to time'.The case, apparently, was that in discharge of the liability to pay for the purchase of the said Pigments, the accused issued a cheque bearing No.652792 dated 5 th June, 2009 for Rs.9,34,152/- (Rupees Nine Lac Thirty Four Thousand One Hundred and Fifty Two) drawn on Indian Bank. This cheque bounced and since the amount was not paid even after the demand notice, the accused were prosecuted.