HITENDRA Vs. SHANKAR

JUDGEMENT

(1.) Heard learned advocate for appellant.

(2.) This appeal is preferred by the complainant against the judgment delivered by the learned Judicial Magistrate First Class, Parbhani, Tq. and Dist. Parbhani (hereinafter referred to as 'the learned Trial Court') in Summons Criminal Case No. 930 of 2017 dtd. 3/3/2022. It was a complaint against the accused/respondent under the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I. Act' for short). It was dismissed.

(3.) The complainant/appellant contended that, he was a partner in a firm named and styled as a Country Liquor Shop No. CL-III-13 situated at Zari, Tq. and Dist. Parbhani, having license in the name of Vinayakrao Narmadashankar Upadhyay, who is his father and partner of firm. The complainant used to supervise the said shop as a partner. The accused and his sons were appointed as a Manager to look after the day to day affairs of the shop and conduct of that business. The complainant was not interested in that business. The accused made request to him to transfer the license of said Country Liquor Shop in his name. The complainant agreed to transfer license of CL-III-13 of the said shop and its good will in favour of accused. As there was goodwill of shop, it was agreed to sell it for consideration of Rs.25,00,000.00 (rupees Twenty Five Lacs only). Subsequently the consent of complainant and his father for transferring license was obtained and on the basis of that a liquor shop license was transferred in the name of respondent/accused. For that the application was forwarded by the complainant to the Collector, Parbhani. The accused had agreed to pay that amount of Rs.25,00,000.00 through the cheques. The agreement was executed before the Notary. The accused issued five cheques bearing Nos.4011, 4012, 4013, 4014 and 4015 of amount of Rs.5,00,000.00 each dtd. 5/4/2017, 10/4/2017, 15/4/2017, 20/4/2017 and 25/4/2017 respectively in favour of the complainant.