NUPUR SALES CORPORATION, THROUGH ITS LEGAL AND CONSTITUTED ATTORNEY, SANJAY S/O BABULAL JAIN Vs. MAYUR JETHWA

JUDGEMENT

(1.) By this appeal, the appellant (original complainant) has challenged judgment and order dated 19.06.2015 passed by the Court of Judicial Magistrate First Class, Nagpur (trial Court) in Summary Criminal Case no.12999 of 2013, whereby the respondent (original accused) has been acquitted by the trial Court for offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

(2.) The case of the appellant was that he was a super stockist of Pharmaceutical and Cosmetic items of various companies and that the respondent used to purchase certain items from it and that they had regular transactions. It was claimed by the appellant that the respondent had issued a cheque of Rs.49, 444/- dated 16.01.2013 in favour of the appellant in respect of purchase of certain items. It was further the case of the appellant that when the said cheque was deposited, it was dishonoured. Therefore, the appellant was constrained to issue notice to the respondent for making good the payment for the value of the said cheque, but the respondent failed to respond to the said notice. Consequently, the appellant filed complaint before the trial Court against the respondent for an offence punishable under Section 138 of the said Act.

(3.) In order to support its case, the appellant placed on record bills dated 05.09.2011, 14.09.2011 and 09.05.2011 (Exhs. 19, 20 and 21) pertaining to items purchased by the respondent. The amounts stated in the said bills came to a total of Rs.49, 444/-, which was the amount for which the cheque dated 16.01.2013 (Exh.22) had been issued by the respondent. The appellant also placed on record copy of the notice issued to the respondent and the cheque in question. Apart from this, a legally authorised person representing the appellant entered into the witness box and deposed in support of the complaint.