NOOR KHAN Vs. SUBHASH HARLALKA THE DIRECTOR M/S. RIDHI SIDHI TEXTILES LTD

JUDGEMENT

(1.) CRL . A. 1689/2007 is filed against judgment of acquittal of respondent (accused) for an offence punishable under Section 138 of the Negotiable Instruments Act in C.C. No. 26306/2001.

(2.) THE complainant in both the cases is one Noor Khan. The respondent (accused) is M/s. Ridhi Sidhi Textiles Ltd., represented by its Director Sri Subhash Harlalka. The averments of complaint in both the cases and evidence adduced by complainant in both the cases are similar. Therefore, these two appeals are together taken up for consideration.

(3.) AS per averments of complaint and evidence adduced by the complainant, the brothers of complainant namely Mohamood Khan and Saleem Khan were the partners of M/s. Shazu Fibres and Silks. They had supplied waste silk to accused namely M/s. Ridhi Sidhi Textiles Ltd. represented by its Director Sri Subhash Harlalka. In all, the accused had issued 12 cheques towards payment of price of waste silk supplied by M/s. Shazu Fibres and Silks. Out of 12 cheques, 5 cheques were honoured and 7 cheques were dishonoured. The dishonoured cheques of the instant case are 2 cheques amongst 7 cheques.