ANIL NARAYAN JADHAV Vs. SHIFA CONSTRUCTION PRIVATE LTD.

JUDGEMENT

(1.) This is an appeal filed by the original complainant impugning an order and judgment dated 30-6-2001, passed by the Learned Judicial Magistrate First Class, Junnar, Pune, acquitting accused no. 2 Mr. Arif H. Shaikh. Accused no. 2 was carrying on business as sole proprietor of accused no. 1. Therefore, we need to be concerned only with accused no. 2

(2.) It is the case of complainant that due to some transaction between complainant and accused, accused gave a cheque bearing no. 079958 dated 3-1-2000, drawn on Janata Co-operative Bank Pune, Junnar Branch (subject cheque). When complainant deposited the subject cheque in his account with State Bank of India, Junnar Branch, on 6-1-2000, the cheque was returned dishonoured on the ground that funds insufficient in the account of accused. Complainant made attempts to recover the amount from accused, who avoided making payment and hence complainant by his advocate's notice dated 11-1-2000, called upon accused to make the payment. Accused despite the receipt of notice, failed and neglected to make any payment and hence the complaint came to be filed.

(3.) Accused denied liability in toto and in his statement recorded under Section 313, the stand taken by accused is that he owes no money to complainant, accused and complainant had business relationship and accused used to leave his letter head and rubber stamp and cheque book with complainant and the signature in the subject cheque is not his. Accused also says that complainant has obtained cement from Panchayat Samiti of Village Nimgiti in the name of accused and under that transaction, accused has to pay only Rs. 40,000/-. But due to certain other acts and omissions of complainant, accused suffered loss and he has to recover a sum of Rs. 4 to 5 lakhs from complainant. The amount recoverable of Rs. 4 to 5 lakhs has come in the suggestion made in the cross-examination of P. W. -1.