CEAT FINANCIAL SERVICES LTD Vs. INTEGRATED SERVICES

JUDGEMENT

(1.) None appears on call.

(2.) Pursuant to an application for Special Leave to Appeal under Section 378(4) of the Code of Criminal Procedure against the order of acquittal the instant appeal was preferred and the appellant was allowed to address the Court on merit of the order by granting Special Leave to Appeal vide order dated July 06, 2001. The appeal was accordingly admitted being in time and in form.

(3.) The pith and marrow of the prosecution case leading this appeal is that the appellant, Ceat Financial Services Limited as complainant filed a complaint under Section 138 of the Negotiable Instrument Act, as amended by the Banking Public Financial Institutions & Negotiable Instruments Laws (Amendment) Act, 1988 read with Section 141 of the said Act wherein it was alleged that the accused had issued three cheques totaling a sum of Rs. 78,552/- drawn on Allahabad Bank, Ballygunge Branch, Calcutta in favour of the complainant company in discharge of its debts and liability towards the outstanding dues payable to the complainant-company. Since cheques were dishonoured usual notice dated 17.04.1998 was issued upon the accused persons/ respondents and after expiry of statutory period the complaint was lodged for the issuance of the process under Section 138 of the Negotiable Instrument Act read with Section 141 of the said Act. It appears that the case was fixed on 04.06.1998 for inquiry under Section 200 of the Code of Criminal Procedure but on the said date the complainant was found absent. However, another date was given for inquiry and on 05.08.1998 and the Officer of the complainant Mr. Asim Mishra was examined on solemn affirmation under Section 200 of the Code of Criminal Procedure. On considering a prima facie case under Section 138 of the Negotiable Instrument Act read with Section 141 of the said Act, summons to the accused persons were issued. But on the adjourned dated on 23.10.1998 the complainant was absent without taking steps for requisites to be filed for the process to be issued upon the respondents/ accused persons. The case was adjourned to 05.12.1998 when the complainant was absent by filing petition with a prayer for condonation of his absence. The complainant was found absent on 11.02.1999; 25.03.1999; 29.05.1999; 27.07.1999; 27.09.1999; 22.12.1999; 01.03.2000; 23.06.2000; 05.09.2000 and 29.11.2000.