NEW HIND AGENCY Vs. SUSHIL BHAUSAHEB BHASE

JUDGEMENT

(1.) HEARD Mr. Shastry, learned Counsel for the applicant. He has taken me through the impugned Judgment and the evidence led by Mohan Kushiram Nawani.

(2.) ACCORDING to the complainant, which is proprietorship concern of Mohan Kushiram Nawani, on 12/2/2004 the respondent No.1, who is original accused, had purchased certain goods for amount of Rs.4,60,000/- from him on credit and towards the payment of price, the accused had issued one cheque of amount of Rs.4,50,000/-. The cheque was presented for encashment but it was dishonoured. Thereafter the statutory notice was issued to the accused on 10/3/2004. As he has failed to make any payment during the stipulated period, the complaint was filed. The complainant examined himself and filed his affidavit. He was cross-examined at length on behalf of the accused. From the cross-examination of the complainant it was revealed that the accused was working as Accountant in another firm in which the complainant was the partner. The complainant had removed him from service on 26/1/2004 on the ground that he had committed fraud and misappropriated Rs. 26 lakhs of that firm. ACCORDING the accused, at that time he was pressurized and forced to put signatures on the blank cheques and on the basis of those blank cheques he filed this false case. After taking into consideration the circumstances of the case, the learned Magistrate accepted the contention of the accused that he had signed the blank cheques under pressure when he was being dismissed from service on the ground that he had played fraud and misappropriated the huge amount. Therefore, the Magistrate found that the complainant had failed to prove that he had sold the goods and cheque was issued in discharge of the liability towards the payment of price of the goods. With these findings the accused came to be acquitted. The present application is filed seeking leave to file appeal against the order of acquittal.