MAHALAXMI GAS & ESSENCE MART Vs. NITIN MANGALDAS VED
HIGH COURT OF BOMBAY
Mahalaxmi Gas And Essence Mart
Nitin Mangaldas Ved
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(1.) This is an appeal impugning an order and judgment dated 23rd December 2003 passed by the Chief Judicial Magistrate, Sangli, acquitting respondent no.1 (accused no.1) of offence punishable under Section 138 (Dishonour of cheque for insufficiency, etc., of funds in the account) of the Negotiable Instruments Act, 1881 (the said Act).
(2.) Mr. Ingale, counsel for appellant states that he has not been receiving any instructions from appellant. Mr. Ingale states that when he sent a communication to appellant at his last known address, he got a message from the person who is in possession of the premises saying that appellant - Mahalaxmi Gas and Essence Mart closed almost 11 years ago and the whereabouts of Haresh Harabakshrai Dulani, who was the proprietor of appellant, is not known. The occupant says for last many years he has been doing some other business which is unconnected to appellant and he does not even know the details of appellant.
(3.) I have, however, perused the records and proceedings and the evidence. The Trial Court has made two observations for the purpose of acquittal, first one being that complainant was suppressing the truth and secondly, the case of accused that the amount has been paid back in cash is believable because he has shown withdrawals of Rs.50,000/- and Rs.40,000/-.;
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