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2015 Supreme(Bom) 1595

C.V.BHADANG
Valpoi Valley Botanicals Pvt. Ltd. – Appellant
Versus
Anil Ashok Jaware – Respondent


Advocates Appeared:
Shri Anthony D'Silva, Advocate for the Appellant.
Shri Samir Taleigaonkar, Advocate for the Respondent.

JUDGMENT :

By this appeal, the original complainant is challenging the acquittal of the respondent from an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (the N.I. Act, for short).

2. The brief facts are that the appellant, which is a Private Limited Company is dealing inter alia, in the business of sale of plants and supply of ornamental flowers. On 10.10.2010, the appellant had supplied to the respondent, cut Gerbera flowers worth Rs.91,020/-at his flower shop at Panaji. The respondent had issued a cheque of even date, drawn on Bank of India, Miramar Branch for Rs.91,020/-, towards the payment of price of the Gerbera flowers. When the said cheque was presented for encashment, it was returned dishonoured on account of insufficient funds. The appellant issued a statutory notice and thereafter, filed a complaint under Section 138 of the N.I. Act. At the trial, the appellant examined its representative, Mr. Rakesh Singh (PW-1) and produced certain documents. The statement of the respondent came to be recorded under Section 313 of Cr.P.C., wherein the respondent set up his defence of total denial. It was contended that the respondent had a business/dealin





















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