RANA INDERJIT SINGH Vs. KEMBIOTIC LABORATORIES AND ANOTHER

JUDGEMENT

(1.) Applicant, by way of instant application under Section 378(4) of the Code of Criminal Procedure ('Cr.P.C.' for short) seeks leave to appeal against the impugned judgement of acquittal. Brief facts of the case, as noticed by the learned trial court in para 1 of the impugned judgement are that accused no.1 was a firm and accused no.2 its partner who was responsible for the conduct of business of pharmaceuticals laboratories. Complainant was also engaged in the export of business of biochemical products and he used to provide raw material to the accused as per their requirement from time to time and due to the business dealings between the accused and complainant, they developed intimacy with each other. In the year 2001 accused offered the complainant to collaborate in the business and accused raised a demand of sum of Rs.53.50 lacs towards the investment in the business of accused. Accordingly, complainant provided the accused with financial help by investing sum of Rs.53.50 lacs i.e. 113829.78 US dollars. The necessary formalities regarding the share holding of the complainant in the business of the accused to the extent of 15% was to be completed within 12 weeks after returning to India, since the aforesaid business dealings were settled and carried out at Hong Kong. As per the assurance of the accused, formalities regarding the collaboration in the business of accused could not materialize and complainant then came to India and contacted accused but he came to know that he had been ditched by accused from the proposal given by him to the complainant despite the fact that complainant had invested huge amount in the business of accused. However, in order to discharge the liability accused issue cheque no.035843 dt. 25.4.2003 for a sum of Rs.5,00,000/- drawn on State Bank of Mysore, Punjabi Bagh, New Delhi. This cheque on presentation by complainant through its banker Indian Overseas Bank, GT Road, Jalandhar was returned dishonored with the remarks "Payment stopped by Drawer" vide memo dt. 6.5.2003. Thereafter complainant requested accused to pay the cheque amount but he refused to pay. Then through legal notice dt. 16.5.2003 accused was called upon to make the payment, but he failed to pay the same, which necessitated the filing of present complaint.

(2.) After leading the preliminary evidence by the complainantappellant, the learned trial court took the cognizance of the matter and issued the summoning order. Accused-respondents appeared. Having found a prima facie case, the learned trial court framed the charges against the accused. Accused pleaded not guilty and claimed trial.

(3.) With a view to prove its case, the complainant produced the documentary as well as oral evidence. On conclusion of the prosecution evidence, the learned trial court recorded the statement of the accused under Section 313 Cr.P.C. All the incriminating material brought on record was put to the accused. Accused alleged false implication and claimed complete innocence.