RATNA CONSTRUCTIONS COMPANY Vs. HEMENDRA MANUBHAI CHOWKSI

JUDGEMENT

(1.) CHALLENGING the judgment of acquittal dated 18-07-2002 passed in C. C. No. 60 of 2001 on the file of the Judicial Magistrate of first Class, Special Mobile Court, Srikakulam whereunderthe first respondent/accused was acquitted of the offence punishable under section 138 of the Negotiable Instruments act, 1881, the present Criminal Appeal is preferred under Section 378 (4) Cr. P. C. by the appellant/complainant.

(2.) THE case of the complainant, in brief, may be stated as follows: the accused is a civil and mechanical contractor and he is managing partner of m/s. Jaimenee Engineers. In pursuanceof an oral agreement entered into by the accused with thecomplainantforsupplying construction building material at Nalco, Damanjodi, the complainant supplied 40 and 20 mm chips, boulders and bricks and raised bill for rs. 11,08,110/- and the same was passed by one S. P. Patnaik, site in-charge. The accused gave a cheque bearing no. 782768 dated 22-11 -1999 for Rs. 10,50,000/- of State Bank of India, Damanjodi branch and the same was presented on 14-12-1999, but it was returned with endorsement 'payment stopped by the drawer'. The complainant got issued the statutory notice on 22-12-1999 to accused, who received the same and sent reply on 29-12-1999 and did not pay theamount. Hence, the complaint.

(3.) TO substantiate the case of complainant, two witnesses P. Ws. 1 and 2 were examined and 515 documents Exs. P. 1 to P. 515 were marked. On behalf of accused, nooral evidence was examined, but 5 documents Exs. D-1 to d-5 were marked.