M/s Radhesham Laxminarayan and Co. vs Kashmirilal s/o Harising Gupta

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT - BENCH AT AURANGABAD
A.I.S. CHEEMA, J
M/s Radhesham Laxminarayan and Co. – Appellant
Versus
Kashmirilal s/o Harising Gupta – Respondent

Advocates:
For the Appellants/Petitioners: Shri P.F. Patni
For the Respondents: Ms Chinmayee Deshpande, Shri S.M. Ganachari

Table of Content
1. appeal against acquittal under section 138. (Para 1 , 2 , 3)
2. key focus is on proof of notice served. (Para 9 , 10 , 12)
3. evidence supported notice was correctly served. (Para 18 , 20 , 24)
4. restoration of conviction affirmed with revised sentence. (Para 25 , 31)

JUDGMENT :

1. This is appeal against acquittal of respondent No.2 under Section 138 of the Negotiable Instruments Act, 1881 (Act in brief), filed by appellant - original complainant.

2. Complainant M/s Radhesham Laxminarayan & Company is partnership firm and filed S.T.C. No.329/1994 in the Court of Chief Judicial Magistrate, Jalna against respondent No.2 - accused (hereinafter referred as accused) as two cheques issued by the respondent relating to purchase of grains had bounced, and in spite of notice, the amounts of Rs.1 Lakh each of the two cheques (total Rs.2 Lakhs) had not been paid.

3. The accused was convicted by the Chief Judicial Magistrate, vide judgment dated 22.2.1995. The accused filed Criminal Appeal No.8/1995, which came up before 2nd Additional Sessions Judge, Jalna. The first appellate Court, vide judgment dated 31.7.2003, acquitted the accused of the offence. Thus this appeal.

4. Releva

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BOMBAY HIGH COURT - BENCH AT AURANGABADA.I.S. CHEEMA, JM/s Radhesham Laxminarayan and Co. – AppellantVersusKashmirilal s/o Harising Gupta – Respondent

BOMBAY HIGH COURT - BENCH AT AURANGABAD
A.I.S. CHEEMA, J
M/s Radhesham Laxminarayan and Co. – Appellant
Versus
Kashmirilal s/o Harising Gupta – Respondent