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IN THE HIGH COURT OF BOMBAY AT GOA.

CRIMINAL APPEAL NO.23 OF 2007

M/s Paul Dias and Sons

by its partner, Mr. William Dias,

10, Khalap Mansion,

Vasco da Gama, Goa.

... Appellant

v e r s u s

M/s SDS Shipping Pvt. Ltd.,

by its Managing Director,

Capt. V.K.S. Saigal, having their

office at C-72, Mittal Court,

Nairman Point, Mumbai – 400 021

... Respondents

Mr. A. F. Diniz, Advocate for the Appellant.

Mr. A. Monteiro, Advocate for the Respondent.

CORAM: R. C. CHAVAN, J.

DATED: 22nd July, 2008.

ORAL JUDGMENT:

This appeal by the complainant takes exception to

judgment rendered by the learned Judicial Magistrate, First

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Class, Vasco in Criminal Case No.536/04 whereby the learned

Magistrate acquitted the respondent of the offence punishable

under section 138 of the Negotiable Instrument 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.35