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2018 Supreme(Bom) 1006

MANISH PITALE
Nupur Sales Corporation – Appellant
Versus
Mayur Jethwa – Respondent


Advocates Appeared:
For the Appellant :Mr. M.R. Joharapurkar, Advocate
For the Respondent:Mr. Shashikant Borkar, Advocate (Appointed)

JUDGMENT :

1. By this appeal, the appellant (original complainant) has challenged judgment and order dated 19.06.2015 passed by the Court of Judicial Magistrate First Class, Nagpur (trial Court) in Summary Criminal Case no.12999 of 2013, whereby the respondent (original accused) has been acquitted by the trial Court for offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. The case of the appellant was that he was a super stockist of Pharmaceutical and Cosmetic items of various companies and that the respondent used to purchase certain items from it and that they had regular transactions. It was claimed by the appellant that the respondent had issued a cheque of Rs.49,444/- dated 16.01.2013 in favour of the appellant in respect of purchase of certain items. It was further the case of the appellant that when the said cheque was deposited, it was dishonoured. Therefore, the appellant was constrained to issue notice to the respondent for making good the payment for the value of the said cheque, but the respondent failed to respond to the said notice. Consequently, the appellant filed complaint before the trial Court against the respondent for an offence punish



















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