SURYAKANT SHELKE Vs. BHUPENDRA GARADIA

JUDGEMENT

(1.) THIS is an application for leave to file appeal. The accused persons have been acquitted for an offence under section 138 of the Negotiable Instruments Act. On perusing the impugned judgment and order, it appears that the same is based on cogent and convincing reasons. It has been established that the cheque in question was given under covering letter, which permitted deposit of the cheque under contingent contract. The said covering letter indicates that the cheque was to be deposited after clearance of the outstanding accounts of M/s. Roxy Harris Powders Ltd, Mr. Star Enterprises and M/s. Reliance Chemicals. This aspect of the matter was suppressed in the complaint. The letter was ultimately produced in the court by the complainant on the request of the accused. In my view, the existence of such a letter would indicate that there was no enforceable liability unless certain contingency occurred. The complaint does not show that such contingency had in fact occurred when the cheque was given. In such circumstances, I am not inclined to entertain the appeal. Hence, leave refused. Consequently the appeal papers to be filed.