SHANTARAM NAMDEO SATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal filed under Section 378 of the Code of Criminal Procedure impugning an order and judgment dated 19th April 1999 passed by the Judicial Magistrate, First Class, Pimpalgaon (B), by which the Magistrate was pleased to acquit the accused, i.e., respondent no.2 herein.

(2.) Though notice has been issued to appellant, nobody is present. With the assistance of the APP - Ms. Malhotra and Ms. Raje, counsel appearing for respondent no.2, I have perused the records and proceedings, evidence and the impugned judgment.

(3.) The facts in brief are that the complainant, i.e., the appellant, was an agriculturist and was raising various crops in his land including grapes. The accused/respondent carries on business as a trader and, inter alia, exports grapes. The accused is alleged to have purchased grapes from the complainant, paid some amount and for the balance due, gave a cheque on 23rd May 1997 for Rs.2 lakhs. When the cheque bearing no.613072 was presented, the cheque was returned unpaid in view of the stop payment instructions given by the accused/respondent. It is the case of the complainant that he requested the accused to honour the payment but the accused avoided making payments and therefore, by a notice dated 8th June 1997 the complainant called upon the accused to make payment but despite receipt, the accused neither responded nor made the payment. Hence, the complaint was filed on 5th July 1997.