DOSHI BROTHERS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Introduction:

(2.) Doshi, the sole proprietor, claims to have business relations with the Company. He further claims that, as part of their continued business transactions, he supplied goods to the Company and received cheques, signed by Sial and another, for the partial discharge of the Company's debt. The cheques dishonoured, Doshi filed CC No. 806/SS/2010 before the Metropolitan Magistrate's Court, Bandra, Mumbai. Eventually, on merits, the trial Court, through its judgement dated 21 Aug. 2014, dismissed the case and acquitted the Company and Sial. Aggrieved, the proprietary concern, through Doshi as its proprietor, filed this appeal.

(3.) Shri Jatin Shah, the learned counsel for the appellant, has submitted that Doshi and the Company have had business relations for more than a decade, with a continuing account. In those business transactions, the Company acknowledged its liability and confirmed the statement of account prepared by Doshi, showing Rs.6,18,437.00 as outstanding. Then the Company issued three cheques, signed by M.M. Sial and another, on 16 Jan. 2010, for an aggregate of Rs.6 lakh, towards partial discharge of the debt.