LAWS(KAR)-2010-10-3

UNITED DISTRIBUTORS Vs. GEETHA K RAI

Decided On October 20, 2010
UNITED DISTRIBUTORS, MANGALORE Appellant
V/S
GEETHA K. RAI Respondents

JUDGEMENT

(1.) This appeal is filed by the complainant by challenging the order of acquittal passed in C.C. No.89/2002 dated 3/6/ 2004 by the learned JMFC (3rd Court), D.K., Mangalore.

(2.) According to the complainant, it is a registered partnership firm carrying on the business of dealership in consumers, durables and home appliances etc., in the name and style of "Best Electronics", at Mangalore. The complainant-firm is a dealer in Videocon made Washing Machine and Refrigerator; that the accused is carrying on her business as proprietrix of "Best Electronics" at Madikeri, Coorg District and that she has been purchasing Refrigerators and Washing Machines on credit basis by dealing with the complainant and was maintaining a running account relating to the transactions. During the course of business, complainant - firm had supplied Washing Machine and Refrigerators worth ' 11,17,695/- during the period December 1999 to November 2000. As far as the books of accounts maintained by the complainant, the accused was due in a sum of ' 2,58,763/- in December 2000; that in order to meet the liability, the accused had issued post-dated cheques drawn on Central Bank of India, Kodagarahalli Branch, Kodagu, through the complainant as part payment of her outstanding amount, the details of which are as follows:- <FRM>JUDGEMENT_1825_KCCR3_2011_1.html</FRM>

(3.) I have heard the learned Counsel appearing for the complainant/ appellant and the learned Counsel appearing for the accused/respondent.