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A.I.S.CHEEMA
Sai Accumulator Industries, Sangamner – Appellant
Versus
Sethi Brothers Aurangabad – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. S.T. Shelke, Advocate
For the Respondent:Mr. S.N. Pagare, Advocate

JUDGMENT

A.I.S. Cheema, J.—This is an appeal against acquittal of respondent original accused under Section 138 of the Negotiable Instruments Act, 1881 (“Act” in brief).

2. Facts in brief may be stated as follows:—

(A) The Appellant original complainant (hereafter referred as “complainant”) filed private complaint in the trail Court claiming that the complainant is a registered partnership firm and bad business dealings with Respondent accused. Respondent has purchased battery plates from the complainant and against such transaction, on 18th May 1994 issued two cheques (Exhibit 45, 47), each of Rupees Twelve Thousand. The cheques were presented to Nagar Urban Central Cooperative Bank of the complainant on 16th November 1994. The Bank sent the cheques for collection to Indira Cooperative Bank of the accused. The cheques returned back to the complainant unpaid with memorandum (Exhibit 56) dated 22nd November 1994 reporting insufficient funds. Complainant issued notice (Exhibit 48) on 25th November 1994 through Advocate which was refused (according to the complainant around 30th November 1994). The Complainant filed complaint on 5th January 1995.

(B) On behalf of the complainant, PW1

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