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DAMA SESHADRI NAIDU
Doshi Brothers – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Counsel for the Parties:
Jatin Premji Shah, Advocate, Snehankita Munj, Advocate, Zarna Shah, Advocate, Ram Mani Upadhyay, Advocate, A.S. Patil, Advocate

JUDGMENT

Dama Seshadri Naidu, J.—Introduction:

Appellant Doshi Brothers is a proprietary concern. Through its proprietor, BC Doshi, it filed a private complaint against M/s. Sai Wire Products (“the Company”) and its director Mustafa Mohammadhussain Sial (“Sial”), the 2nd and 3rd respondents respectively. Sial, as the co-signatory of the cheque, is said to be looking after the Company’s day-to-day affairs.

2. Doshi, the sole proprietor, claims to have business relations with the Company. He further claims that, as part of their continued business transactions, he supplied goods to the Company and received cheques, signed by Sial and another, for the partial discharge of the Company’s debt. The cheques dishonoured, Doshi filed CC No. 806/SS/2010 before the Metropolitan Magistrate’s Court, Bandra, Mumbai. Eventually, on merits, the trial Court, through its judgement dated 21 August 2014, dismissed the case and acquitted the Company and Sial. Aggrieved, the proprietary concern, through Doshi as its proprietor, filed this appeal.

Submissions:

3. Shri Jatin Shah, the learned counsel for the appellant, has submitted that Doshi and the Company have had business relations for more than a de

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