PRIYA BHOBE Vs. SPEER FINANCE PVT LTD

JUDGEMENT

(1.) This is complainant's appeal and is directed against Judgment dated 16.10.2006 of the Learned Additional Sessions Judge, Panaji, acquitting the accused under Section 138 of the Negotiable Instruments Act, 1881.

(2.) Heard Shri S.G. Bhobe, Learned Counsel on behalf of the complainant. The complaint was filed with the allegation that accused No. 1 is a company of which accused Nos. 2 and 3 were Directors who were in overall control of accused No. 1-company and were jointly and severally liable for the liabilities of the company. The complainant had stated that the accused owed to the complainant a sum of Rs. 3,40,000/and towards the payment of the same the accused had given to the complainant the subject cheque dated 3.8.01 in the sum of Rs. 3,40,000/drawn on the Mapusa Urban Co-operative Bank Ltd. which cheque when presented by the complainant for payment was returned dishonoured on the ground of insufficient funds. The complainant sent a notice to the accused dated 13.8.01 calling upon the accused to make the payment of the said amount of Rs. 3,40,000/- within fifteen days which was received by the accused but was not complied with and as such the complaint came to be filed against the accused on 21.9.01 and the complainant examined herself in support of the same.

(3.) None of the accused stepped in the witness box and it was their case taken in cross examination, that the subject cheque was stolen by the complainant as the complainant was occupying the office premises of the accused and moreover it was further stated that the signature of accused No. 3 was forged by the complainant.