Sanghi Coach Builders vs Gurubachan

M.C. Garg, J.—Heard.

This judgment shall dispose of the present appeal filed by the complainant against the judgment passed by the learned JMFC, Indore, whereby, the trial Court acquitted the respondents accused persons from the offence u/s 138 of Negotiable Instruments Act, 1881. Leave to file appeal against the aforesaid judgment was granted and now the appeal has been heard finally.

During the pendency of the appeal, respondent No. 2-Managing Director of 1st respondent, expired, therefore, now the appeal is only against the 1st respondent-Gurubachan Beverage Pvt. Ltd.

According to the learned counsel for the appellant, towards part payment of the price of two bodies, which were to be prepared by the appellant of chassis of the vehicle S.F.C. 407 for the amount of Rs. 1,28,000/-, the respondent No. 1 issued a cheque bearing No. 322200 for Rs. 65,000/- on 11.08.2000. The said cheque was deposited in the bank but, was bounced by the account of accused No. 1-company. A notice for demanding the amount towards dishonored cheque was issued on 28.08.2000, which was duly received by the respondent on 29.08.2000 but the cheque amount was not paid within 15 days, therefore, complaint was filed.

During trial, the trial Court acquitted the accused persons vide order dated 30.09.2004 and it is against the said order, the present appeal was filed.

According to the counsel for the appellant, the complaint was dismissed by the trial Court on the basis of finding written in paragraph 17 of the impugned judgment delivered on 30.09.2004. The reasons given were as follows:-

According to the counsel for the appellant, the observation made by the trial Court is not correct if, one looks into the statement made by the witness of the complainant namely-Hansraj Joshi.

I have perused the statement of Hansraj Joshi from the record. The said statement reads as under:-

Perusal of these paragraphs from the statement of Hansraj Joshi clearly goes to show that the body which was to be prepared by the appellant, company was not prepared and even if, it was prepared it was still lying with the appellant and thus, it goes to show that the reasons given by the trial Court in acquitting the respondents was justified. Hence, the appeal filed by the appellant is dismissed.

C.c. as per rules.