- (1.) By way of this petition, petitioner has challenged the order dated 06.05.2014, passed by the Appellate Court, whereby, appeal filed by the respondent-Corporation was allowed and the matter was remanded back to the trial court for a fresh decision. Learned counsel for the petitioner has submitted that the trial court had passed a well-reasoned order, whereby, petitioner was acquitted of the charges framed against him. The Appellate Court fell in error while setting aside the well-reasoned order passed by the trial court.
(2.) In the present case, petitioner and his co-accused had faced trial in FIR No.250 dated 28.05.2002 under Sections 406/120-B of the Indian Penal Code, 1860, registered at Police Station Sunam.
(3.) Prosecution story, in brief, was that the respondent- Corporation had stored paddy with M/s Gillson Rice Gram Udyog Samiti (Regd.), Sheron (hereinafter referred as 'Samiti'). On physical verification carried out on 28.02.2002, it was found that no stock was available in the premises of the Samiti/miller. In order to discharge its liability, four cheques were issued amounting to Rs. 6,31,812/- each in favour of the respondent by the Samiti. However, when the said cheques were presented for encashment, the same were dishonoured with the remarks "insufficient funds".;