DEFCAN LUBES TURFE Vs. CHAKARDHAR CONSTRUCTION

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 31.10.2007 passed by, JMFC, Indore in Criminal Case No. 3386/07, whereby a private complaint filed by the appellant under Section 138 of Negotiable Instruments Act (which shall be referred hereinafter as "Act") was dismissed, the present appeal has been filed.

(2.) SHORT facts of the case are that the appellant/firm filed a complaint under Section 138 of the Act on 30.9.2000 through its partner Manik Rao Patel alleging that against the supply made by appellant/firm, respondent issued cheque of Rs. 2,50,000/- bearing cheque No. 4152893 dated 30.6.2003 of Akola-Janata Commercial Co-operative Bank Ltd, Akola Branch, Jalgaon. It was alleged that the aforesaid cheque was presented by the appellant/firm through its Banker Bank of India, Branch Satha Bazar, Indore for collection on 16.12.2003. But the same was returned with a memorandum issued by the concerned Bank to the effect "stop payment". It was alleged that thereafter a notice of demand was issued by the appellant/firm which was duly served on the respondent. But in spite of that the cheque amount was not paid. It was alleged that by not clearing the cheque respondent has committed an offence which is punishable under Section 138 of the Act. It was prayed that after taking cognizance the respondent be punished.

(3.) DURING the course of hearing I.A. No. 4759/08 has been filed by the appellant/firm wherein it was prayed that appellant/firm be permitted to submit additional documents copies of which are enclosed along with the application. In the application it is submitted that all the relevant documents relating to the transaction were handed over by the appellant/firm to the Counsel for the appellant. But the same was not filed for the best reasons known to the advocate. It is submitted that since the appellant/firm changed the advocate and after knowing the fact that the documents have not been filed, the appellant/firm contacted the advocate and obtained some of the documents which were filed by the appellant/firm before the learned Court below. It was further submitted that after dismissal of the complaint again appellant/firm contacted the lawyer and obtained rest of documents which are being filed along with the application. It was submitted that in the facts and circumstances of the case appellant/firm be permitted to adduce further evidence to support its case on merits.