DACCAN LUBES TERFE Vs. CHAKRADHAR CONSTRUCTION

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 31. 10. 07 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. 09. 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 date 30. 06. 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 Setha 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 inspite 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.) AFTER taking cognizance and also. after framing of charge and recording of evidence, learned trial Court dismissed the complaint filed by the appellant/firm against which the present appeal has been filed.