RAJAN RANE Vs. SEAGULL THREADS INDIA LTD

JUDGEMENT

(1.) Heard Shri Pangam, the Learned Counsel on behalf of the appellant/complainant and Shri Sudin M. Usgaonkar the Learned Counsel on behalf of respondent/accused.

(2.) This is a complainant's appeal and is directed against Judgment dated 12.2.09 of the Learned J.M.F.C, Panaji, acquitting the accused under Section 138 of the Negotiable Instruments Act, 1881.

(3.) There is no dispute that the complainant is a proprietor of a business known as Sai-Net and the accused is a company and only the company was prosecuted by the said complainant. There is also no dispute that the complainant used to supply to the accused-company stationery items against various invoices from time to time. The subject matter of the dispute between both the parties is the dishonour of a cheque dated 26.5.05 for Rs. 25,144/-. The said cheque was admittedly issued on behalf of the accused in favour of the complainant and it was dishonoured on 31.5.05 because of stop payment instructions given by the accused. There is no dispute that on the next day i.e. 27.5.05 on behalf of the accused a letter was written to the complainant stating that the subject cheque was forcibly taken by the complainant on 26.5.05 at 9 pm in front of ICICI Bank Limited, Panaji, from Shri Raju Nadar and that as per the bills the balance amount was not that much and therefore the complainant ought to come to the factory of the accused alongwith the subject cheque for settlement of account and it was further stated that whatever amount was due, the accused would settle the same. It may be noted that this letter was written on behalf of the accused company by its Manager.