TaxTMI 
TaxTMI 
2016 (3) TMI 1400
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....tan Magistrate, 44th Court, Andheri, Mumbai thereby acquitting the accused/respondent No. 1 of the offence punishable under Section 138 of the Negotiable Instrument Act. Briefly stated, facts of the case are as under: The appellant, the original complainant running a shop under the name and style of M/s. Kalatmak, situated at Super Bazar, Station Road, Santacruz (W), Mumbai advanced a hand loan/....
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....om the accused to pay the amount of the cheque, the accused/respondent No. 1 failed/neglected to meet the said demand. Therefore, a complaint case for an offence punishable under Section 138 of Negotiable Instrument Act was filed by the complainant against the accused. After recording of the verification statement a charge for an offence punishable under Section 138 of Negotiable Instrument Act w....
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....pellant is present before the Court. The appellant has chosen to remain absent before the Court. Therefore, the provision of Section 386 of the Code of Criminal Procedure would require this Court to proceed in this appeal in accordance with law, which this Court is now doing. 3 . If the appellant is absent before this Court, even the respondent is not present. However, I have gone through the rec....
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....onfidence. The learned Magistrate has observed that such version of the complainant or the appellant is hard to be believed as nobody would return such a conclusive and direct proof on mere acceptance of confirmation letter which is also not drafted happily. In these circumstances, I do not find any perversity or arbitrariness in the learned Magistrate drawing a conclusion that the basic requireme....