IMRAN AHMED RAFIQ AHMED Vs. SAYYED MUNIR NAVAB

JUDGEMENT

(1.) THE applicant-orig. complainant has filed this application for leave to file appeal against the judgment and order dated 19th March, 2008 passed by the learned Metropolitan Magistrate, 6th Court, Mazgaon, Mumbai in C.C.No.264/SS/2006. By the said judgment and order, the learned Magistrate acquitted respondent No.1-orig.accused of the offence under Section of 138 of N.I. Act.

(2.) THE case of the complainant is that he was working with the accused and that the accused is the proprietor of M/s. Navabsons Shock Express. The complainant was working with the accused from 1993 to December 2005 as a Salesman on payment of salary. The case of the complainant is that he was also working on commission basis and the accused gave him Rs.20/- per piece for every order, which was brought by the complainant for the accused. It is alleged by the complainant that the accused did not pay him his full salary or full commission and went on promising to pay the same in future. On 30.12.2005 the complainant met with an accident while on duty. On the next day i.e. on 31.12.2005 the accused calculated the total dues of the complainant and terminated his services. It is alleged that towards the full and final settlement of the dues of the complainant, the accused had issued two post-dated cheques of Rs.10 Lakhs each in favour of the complainant. As the cheques were dis-honoured, complaint came to be filed.

(3.) IN the complaint, the complainant has not stated what was his salary. In the affidavit for the first time he has stated that he was getting salary of Rs.5,000/- per month. From the evidence on record, it is seen that the complainant used to get salary of Rs.1500/- per month initially and thereafter his salary increased to Rs.4500/- per month. From 1999 to 2005 he was getting salary of Rs.4500/-. The services of the complainant were terminated on 31.12.2005. If the complainant was getting salary of Rs.1500/- from 1993 to 1999, and from 1999 to December 2005 at the rate of Rs.4500/- or even Rs.5000/- as contended by the complainant, the amount does not work-out to Rs.20 Lakhs. In the cross-examination of the complainant, it was come on record that the expenses of the hospital which according to him the accused was liable to pay was Rs.8,000/- to Rs.10,000/-. Even after adding this amount to the above salary amount, it does not come to Rs.20 Lakhs.