M. SHANTILAL & CO. Vs. ABBAJI MARUTI JADHAV

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 16.9.1998 passed by the Addl. Chief Metropolitan Magistrate, 40th Court, Girgaon, Mumbai in a trial for commission of an offence punishable under Section 138 of the Negotiable Instruments Act 1881.

(2.) The complainant who is the appellant herein was an unpaid vendor. The complainant claims to have supplied various quantities of paints during the period 1992 and indisputably the last supply was on or about 30.6.1992. Seven bills for a total sum of Rs.1,38,897/- was raised on the accused.

(3.) The particulars of the offence was read over to the accused and explained to the accused who pleaded not guilty and claimed to be tried. During the trial, complainant has examined himself and produced 10 documents. During the cross-examination, two further documents have come on record, one of which is reply received by the complainant to the statutory notice after filing of the case. Another document is summons issued under Section 91 of Cr.P.C. to the bankers which also consists of 5 letters signed by the Manager of the bank.