MORRIES ENERGIES LIMITED Vs. SUMIT AGARWAL

JUDGEMENT

(1.) There was a complaint bearing No. 3661/SS/2014 filed by M/s. Morries Energy Limited-present applicant (hereinafter referred to as 'Morries') before the Court of Metropolitan Magistrate, Mumbai. It was filed for commission of an offence under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act. It was filed against four accused persons. All were tried. The learned Magistrate disposed of the case vide judgment dtd. 29/05/2019. The result is as follows:-

(2.) Amongst them two convicted individuals have preferred appeals. Both were allowed and conviction was set aside by the Court of Judge City Civil on 18/06/2021. (Criminal Appeal 529 of 2019 - accused No. 4-Sumit and Criminal Appeal No. 530 of 2019 by Appellant / accused No. 2-Anubhav). On this background, Morries has sought leave to prefer an appeal (ALP 14 of 2022 against accused no. 4 Sumit and ALP No. 15 of 2022 against accused No. 2 - Anubhav).

(3.) The facts averred in the complaint and in the documents are little bit different from normal prosecution under Sec. 138 of the Negotiable Instrument Act. The liability of Chamber to Morries is preceded by different transactions in between different parties. They will be referred in due course. Trial Court accepted the claim of Morries "as legally recoverable debt". However, the Appellate Court refused to accept said claim. This is one of the ground of challenge on behalf of Morries. At this stage, it is not expected to decide about the challenge to those findings. The evidence need to be considered only for the purpose of granting leave or not to grant leave.