ATANU Vs. ANTUL LATIF KAZI

JUDGEMENT

(1.) This is an Appeal fled under Sec. 378 [4] of the Code of Criminal Procedure , 1973 [hereinafter referred to as ' Cr.P.C '] against the Judgment and Order dtd. 27/03/2012, passed by the learned Judicial Magistrate, First Class [2nd Court], Jalgaon [hereinafter referred to as 'the learned Trial Court'], in Summary Criminal Case No.6164/2002, acquitting Respondent No.1 / Accused for the ofence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 [hereinafter referred to as 'the N. I.' Act].

(2.) The facts giving rise to the present Appeal are as under :

(3.) It is submitted by the learned Advocate for the Appellant that, the lube was supplied by the Corporation to Respondent No.1, against which, the Cheque was issued and, therefore, it is clearly established that, the Cheque was issued for legally enforceable debt. The Appellant examined himself in support of his case. The subsequent Power of Attorney refers to the delegation of powers to the Appellant and, therefore, there was ratifcation of the act of the Appellant in fling the Complaint pursuant to Sec. 196 of the Indian Contract Act, 1872 [hereinafter referred to as 'the said Act']. Respondent No.1 had preferred an Application in connected Complaint which gave rise to Appeal bearing No.463/2007 praying for time to pay the dues. The learned Trial Court did not apply mind and passed the impugned Judgment and Order. In support of his contention, he cited the following Judgments :