VIJAYKANT MOTILAL KOTHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal assails the Judgment and Order dtd. 31/1/2011 passed in Criminal Appeal No. 127 of 2008 by the Additional Sessions Judge, Pune whereby the Accused namely, Shri Lalit Amrutlal Shah, Rajendra Amrutlal Shah, Devendra Amrutlal Shah, Amit Lalit Shah and Apul Lalit Shah stand acquitted of the offences punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act') under Sec. 386(b)(i) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') The Trial Court namely, the Judicial Magistrate, First Class ('JMFC'), Court No.8 (Link), Pune in S.C.C. No. 0420758 of 2006 had convicted the Accused in the said offence.

(2.) By order dtd. 19/12/2011, while admitting the Appeal, this Court recorded its view that the impugned Judgment and Order required re-consideration. Hence, leave to appeal was granted.

(3.) The facts of the case, in brief, are as under: -