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N.A.BRITTO
Bhakti Garments – Appellant
Versus
Subhash B. Vishwakarma – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. S.R. Rivonkar, Advocate.
For the Respondent:Mr. Ulhas Tari, Advocate.

JUDGMENT

N.A. Britto, J.—Both these appeals have been filed by the complainant and are directed against common judgment dated 30.10.2007 of the learned trial Court by which the accused has been acquitted under Section 138 of the Negotiable Instruments Act. 1881. The case of the complainant, in brief, was that the complainant sold to the accused 40 second hand sewing machines in working condition at the rate of Rs. 2,200/- per machine and for a total sum of Rs. 88,000/- by delivery challan cum invoice No.1562 dated 10.10.2001 and towards part payment of the said amount the accused gave to the complainant two post-dated cheques, details of which are as follows:

1. 130901 dated 22.10.2001 for Rs. 5,000/-.

2. 130902 dated 28.10.2001 for Rs. 5,000/-.

and according to the complainant the accused was to pay the balance of Rs. 78,000/- within eight days from 28.10.2001. The complainant deposited both the cheques in his account for the purpose of collection but by memorandum dated 31.10.2001 the complainant was informed that the accused had stopped payment. The complainant, therefore, sent a demand statutory notice dated 9.11.2001 calling upon the accused to make payment within fifteen


















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