2016 (3) TMI 1400

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.... Case No. 289/S/1995 by the Metropolitan 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,....

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....eque and a demand made by the complainant from 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 un....

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....in an appeal as the present one only when the appellant 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....

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....k by him to the respondent, is not inspiring any confidence. 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 Magist....