RADHESHAM LAXMINARAYAN AND CO. Vs. KASHMIRILAL AND ORS.

JUDGEMENT

(1.) This is appeal against acquittal of respondent No.2 under Section 138 of the Negotiable Instruments Act, 1881 (Act in brief), filed by appellant - original complainant.

(2.) Complainant M/s Radhesham Laxminarayan & Company is partnership firm and filed S.T.C. No.329/1994 in the Court of Chief Judicial Magistrate, Jalna against respondent No.2 - accused (hereinafter referred as accused) as two cheques issued by the respondent relating to purchase of grains had bounced, and in spite of notice, the amounts of Rs.1 Lakh each of the two cheques (total Rs.2 Lakhs) had not been paid.

(3.) The accused was convicted by the Chief Judicial Magistrate, vide judgment dated 22.2.1995. The accused filed Criminal Appeal No.8/1995, which came up before 2nd Additional Sessions Judge, Jalna. The first appellate Court, vide judgment dated 31.7.2003, acquitted the accused of the offence. Thus this appeal.