VITHAL @ VITHOBA GORAKH SHINDE Vs. SANGRAM NARSING PANCHAL

JUDGEMENT

(1.) Heard learned respective counsel for the parties.

(2.) This is an appeal preferred by the appellant (original complainant) challenging the judgment and order dated 21.10.2000, rendered by learned 3 rd Jt. Judicial Magistrate First Class, Latur in STCC No.5427/1997, thereby acquitting the respondent/original accused for the offence p/u/s 138 of Negotiable Instruments Act. (The parties herein after are referred to as per their original status i.e. complainant and accused).

(3.) The factual matrix of the case are as follows :- It is the case of the complainant that he carries on business of electronics under the name and style as Keval Electronics near Water Tank, Barshi Road, Latur whereas accused is doing business of preparation of furniture work under the name and style of Suvarna Furnitures near Bank of Maharashtra, MIDC Branch, Barshi Road, Latur. The complainant intended to install furniture in his shop and asked the accused to prepare furniture. Accused also expressed his willingness to prepare the furniture for the complainant. Accordingly, the complainant entrusted the work of preparing furniture for his shop to accused. In pursuance of the said contract, accused asked the complainant to advance amount of Rs. 35,000/- and it was agreed between them that furniture work would be completed at about Diwali 1996. Accordingly, relying upon the promise of the accused, complainant advanced him cash of Rs.3 35,000/- however, accused did not commence with the work of furniture. Accused also repeatedly promised to commence with the work but did not start the same. Ultimately the complainant found that accused is not interested in preparing furniture for his shop. Hence, he requested accused to repay the amount of Rs.35,000/- to him. However, accused avoided for the same but ultimately on 7.11.1997, the accused issued cheque for Rs.35,000/- dated 25.11.1997 to the complainant towards the repayment of the said amount. The complainant presented said cheque for encashment purpose, but, said cheque was dishonoured and returned unpaid with the cheque return memo dated 26.11.1997 bearing endorsement "Account Closed".