Back
BOMBAY HIGH COURT
, J
M/s. Paul Dias and Sons v. M/s. SDS Shipping Pvt. Ltd.
| Table of Content |
|---|
| 1. acquittal based on insufficient evidence. (Para 1 , 2 , 4) |
| 2. acknowledgment of debt through notice constitutes liability. (Para 5 , 6 , 11) |
| 3. discrepancies in the trial court's findings on cheque liability. (Para 7 , 8 , 9 , 10) |
| 4. need for focused issues reflecting elements of the offence. (Para 12 , 13) |
| 5. conviction with imposed fine and compensation. (Para 14 , 15) |
1. This appeal by the complainant takes exception to judgment rendered by the learned Judicial Magistrate, First Class, Vasco in Criminal Case No. 536/04 whereby the learned Magistrate acquitted the respondent of the offence punishable under S.138 of the Negotiable Instruments Act .
2. The facts which led to filing of the complaint are as under :
The complainant / company are Ship Chandlers who provide various ship stores to ships which call at Mormugao Port. The respondent / company has been arranging for supply of such stores through the complainant as Agents of Russian Vessel A. A. Sidorenko. The respondent has issued cheques No. 353919 and 353921 dated 22-08-2003 and 30-09-2003 drawn on Centurion Bank at Vasco for Rs. 2,00,000/- each towards ship stores supplied to the said Russian Vessel A. A. Sid
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
