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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.1434 OF 200

CRIMINAL APPLICATION NO.1434 OF 200

CRIMINAL APPLICATION NO.1434 OF 2006

M/s New Hind Agency ..Applicant

V/s

Mr. Sushil Bhausaheb Bhase & Anr. ..Respondent.

Mr.V.A. Shastri, Advocate for the applicant.

None for respodnent No.1.

Mrs. M.H. Mhatre, APP for the State.

CORAM : J.H. BHATIA, J.

CORAM : J.H. BHATIA, J.

CORAM : J.H. BHATIA, J.

DATE : 13TH APRIL, 2007.

DATE : 13TH APRIL, 2007.

DATE : 13TH APRIL, 2007.

P.C.

. Heard Mr. Shastry , learned Counsel for the

applicant. He has taken me through the impugned

Judgment and the evidence led by Mohan Kushiram Nawani.

2. According to the complainant, which is

proprietorship concern of Mohan Kushiram Nawani, on

12/2/2004 the respondent No.1, who is original accused,

had purchased certain goods for amount of Rs.4,60,000.-

from him on credit and towards the payment of price, the

accused had issued one cheque of amount of Rs

4,50,000/-.The cheque was presented for encashment but

it was dishonoured. Thereafter the statutory notice was

issued to the accused on 10/3/2004. As he has failed to

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make any payment during the stipulated period, the

complaint was filed. The complainant examined himself

and filed his affidavit. He was cross-examined at

length on behalf of the accused. From the

cross-examination of the complainant it was revealed

that the accused was working as Accountant in another

firm in which the complainant was the partner. The

complainant had removed him from service on 26/1/2004 on

the ground that he had committed fraud and

misappropriated Rs. 26 lakhs of that firm. According

the accused, at that time he was pressurised and forced

to put signatures on the blank cheques and on the basis

of those blank cheques he filed this false case. After

taking into consideration the circumstances of the case,

the learned Magistrate accepted the contention of the

accused that he had signed the blank cheques under

pressure when he was being dismissed from service on the

ground that he had played fraud and misappropriated the

huge amount. Therefore, the Magistrate found that the

complainant had failed to prove that he had sold the

goods and cheque was issued in discharge of the

liability towards the payment of price of the goods.

With these findings the accused came to be acquitted.

The present application is filed seeking leave to file

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appeal against the order of acquittal.

3. After hearing Mr. Shashtry at length and after

perusal of the impugned judgment, I find that it was

against the normal human conduct to sell the goods worth

Rs. 4,50,000/- on credit to a person, who was removed

from service onl