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2007 Supreme(Bom) 1538

N.A.BRITTO
Vishnu Bhat – Appellant
Versus
Narayan R. Bandekar – Respondent


Advocates:
Advocate Appeared
Mr. S. G. BHOBE, Advocate for the Appellant.
Mr. A. F. DINIZ, Advocate for Respondents.

JUDGMENT:-

This is a Complainant's appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881, by judgment dated 26-08-2005 of the learned JMFC, Vasco-da-Gama.

2. The parties hereto shall be referred to in the names as they appear in the cause title of the complaint.

3. The Complainant was an employee of accused Nos.2 and 3 whose services were terminated with effect from 1606-1991. The accused No.1 (hereinafter referred to as the accused) was the Managing Director of accused No.2, a company, and partner of A-3, a firm. Although, three accused were prosecuted in the said complaint case and all were acquitted, by order of this Court dated 19-01- 2006 leave to appeal was granted only against the accused - Narayan R. Bandekar, as the subject cheque of Rs.30,000/- was issued by him in his personal capacity towards the liability which respondents No.2 and 3 owed to the Complainant.

4. The termination of the services of the Complainant resulted in proceedings being filed before the Industrial Tribunal and they ended in an award dated 24-09-2001 which was the result of settlement arrived at between the parties on 6-09-2001. As per the said settlement






































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