SUNIL VAREKDAS AHUJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is challenging the judgment and order dated 01-1-2004 rendered by the learned IInd Judicial Magistrate First Class, Yavatmal in Summary Criminal Case 1236/2003, by and under which respondent 1 is acquitted of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ("Act" for short).

(2.) Since the appellant has chosen not to engage a counsel, this Court requested Shri N.H. Joshi, learned Advocate to assist the Court. With the fair and able assistance of the learned Amicus Curiae, I have scrutinized the record and the reasons recorded by the learned Magistrate in the judgment and order impugned.

(3.) The gist of the complaint is that the accused used to purchase from the complainant goods on credit. The complainant is proprietor of a grocery shop "Ahuja Bandhu Kirana". In the month of April 2002, the accused purchased goods worth Rs.15,753/- and towards part payment issued cheque for Rs.5,000/-dated 14-12-2002 which was dishonoured due to insufficient funds in the account of the accused. Despite receiving the statutory notice the accused did not comply and hence, the complaint.