AMRAVATI AGENCIES Vs. ASHOK MOTIRAMJI ADMANE

JUDGEMENT

(1.) BEING aggrieved by the acquittal of respondent No.1 by the learned Judicial Magistrate First Class, Court No.8, Amravati, for offence punishable under Section 138 of the Negotiable Instruments Act, the complainant therein has preferred this appeal.

(2.) ON 17-12-2003, when the appeal came up for hearing first, the learned counsel for respondent No.1 informed the Court that the matter was compromised between the parties outside the Court, upon which the learned counsel for the appellant sought time to take instructions and, therefore, the matter was ordered to be posted after X-mas Vacation of 2003. Thereafter, it was once again adjourned for a week at the request of the learned counsel for the appellant. On 17-1-2006, when the matter was called out, since none was present for the appellant, a notice was issued to the appellant. However, since none appeared on 20-2-2006 either for the appellant or for respondent No.1, with the help of the learned Additional Public Prosecutor for respondent No.2, I have gone through the evidence on record and find that the learned Trial Judge had rightly concluded that since the cheque was dishonoured, because of stop payment instructions given by the appellant, as the complainant had not supplied necessary goods to the appellant, the cheque was not in respect of existing liability. The cross-examination of the complainant would show that though the complainant claimed that he maintained books of accounts, he could not state as to what goods were purchased by the accused on credit on 20-7-1996. The complainant also admitted that the accused had filed a case against him in the Court at Nagpur and also that he had not filed any document to show that the goods are delivered by transport or by hand delivery. The findings recorded by the learned Trial Magistrate, therefore, cannot be assailed.