MAHENDRA KUMAR MODI Vs. HARISH NAGAWALA MANAGINGH DIRE

JUDGEMENT

(1.) By filing this appeal complainant-appellant has assailed the judgment dated 12.7.2006 passed by learned Additional Chief Judicial Magistrate No.3, Kota, whereby the complaint filed against the accused-respondents for the offence under Section 138 of the Negotiable Instruments Act, 1881 ('the Act of 1881') has been dismissed while acquitting the accused of the charge under Section 138 of the Act of 1881.

(2.) Briefly stated, the facts giving rise to the appeal are that the complainant - proprietor of M/s. Modi Enterprises obtained distributorship of M/s. Aquatech International Ltd. for selling water purifiers. A sum of Rs.10,000/- was deposited as security. The goods were to be given to the complainant through C & F M/s. Taluka Marketing. As the goods of the company could not capture the market, the complainant surrendered its distributorship. By way of settlement dated 4.8.1998, it was decided that the accused-persons, who were Managing Director and Director of M/s. Aquatech International Ltd. will be returned the unsold goods lying with the complainant and they would return an amount of Rs.1,45,700/- as price of returned goods. It was alleged by the complainant that three cheques bearing No.875322 dated 25.8.1998 in sum of Rs.50,000/-; No.875323 dated 10.9.1998 in sum of Rs.50,000/-; No.875324 dated 20.9.1998 in sum of Rs.45,700/- were issued by the complainant with the request that these cheques may be presented for encashment in the month of November, 1998. When the cheques were presented for encashment, they were dishonoured with the note of insufficient fund. The complainant served a notice upon accused through his Advocate which was received by them. Even then no payment was made and hence, complaint was filed.

(3.) Three complaints were initially filed in respect of three different cheques, which were consolidated by the trial court and were decided by a common judgment dated 12.7.2006.