LAXMAN SHRIKRISHNA ALEGAONKAR Vs. DAYABHAI RAMCHANDRA BHATIA

JUDGEMENT

(1.) THE non-applicant, Dayabhai, son of Ramchandra Bhatia, Gujarathi, resident of Bohari, taluq Bardoli, district Surat, was prosecuted at the instance of the applicant Laxman who is a munim of the firm of Dinkar Trimbak and Co., Akola, Under Sections 406 and 420, Penal Code in the Court of the Honorary Magistrate, first class, Akola, but the latter discharged am on the ground that the Court had no jurisdiction, to try him. The Sessions Judge, West Berar Division, upheld that finding and the applicant has now come up in revision to this Court.

(2.) HIS case briefly stated was as follows: His firm is a holder in due course of a cheque of Rs. 250 drawn on 3-7-1943 by Chhaganlal Zaverchand of Balimoria in favour of Gandabhai Gopalji on a Bombay branch of the Baroda Bank. The firm endorsed the cheque in favour of the Dhutpapeshwar Company of Panwel and despatched it to that organisation by post, but sit was lost in transit and the applicant apprised the Bank of Baroda of this. He also sent notices to the drawer and drawee of the cheque as well as to all prior endorsees including the non-applicant. The drawer of the cheque thereafter informed him that he had issued a duplicate cheque in favour of the original drawee. The cheque subsequently reached the non applicant, but instead of passing it after endorsement to Dr. Sharma, in whose favour he had endorsed the original cheque he actually presented it for, and secured payment.

(3.) THE two Courts below held, and rightly in my view, that the