In a reprieve to tennis ace Leander Paes, the Bombay High Court has dismissed a cheque bounce case filed against him by a city-based interior designer.
Justice R Chavan dismissed Mustafa Eisa’s petition challenging a magistrate’s order acquitting Paes in the case, as neither Mr. Eisa nor his advocates were present when the petition was scheduled for hearing on several occasions.
Mr. Eisa’s complaint on March 24, 2008, had alleged that two cheques worth Rs 15 lakh, issued to him by Paes, were dishonoured by his bank with remarks “payment stopped by drawer“. Paes had allegedly approached him for designing his Carter Road suburban residence, following which work was executed and invoices issued from time to time, the complaint stated.
Mr. Eisa then sent a legal notice to Paes demanding payment, but did not get any response. He filed a complaint under Section 138 (dishonour of cheque for insufficiency of funds) of the Negotiable Instruments Act.
The magistrate had, on September 20, 2011, dismissed the complaint and acquitted Paes as no one appeared for Mr. Eisa.
Mr. Eisa then moved the High Court saying his lawyer had sought an adjournment for the first time on September 20, 2011, but the magistrate dismissed his complaint instead saying the parties had not shown readiness to proceed further.