PAXAL SURGICALS Vs. ASHOK KUMAR

JUDGEMENT

(1.) This appeal is preferred by the complainant against the Judgment and Order dtd. 28/3/2016 passed by the XXV Addl. Chief Metropolitan Magistrate, Bengaluru, in C.C. No.7431/2013, acquitting the accused/respondent for offence punishable under Sec. 138 of the Negotiable Instruments Act [hereinafter referred to as 'N.I. Act' for short].

(2.) Heard Sri. S.Rajashekhar, learned Amicus Curiae for appellant and Sri. D.Prabhakar, learned counsel for respondent and perused the material on record.

(3.) The complainant's case is that, he is carrying on wholesale business of medicines and the accused is one of his customer. Accused used to place orders for supply of Accuchek Active Kit and other items on credit basis. The complainant had raised VAT Invoice No.PSO 1986 dtd. 29/2/2012 for Rs.4,80,900.00 and supplied the items as per VAT invoice. The accused received the said items and as part payment, he paid a sum of Rs.2,40,450.00 on 17/3/2012 and again a sum of Rs.1,69,350.00 on 24/5/2012. After deducting the above two payments, the accused was liable to pay a sum of Rs.72,350.00 towards full and final settlement. The accused issued a cheque bearing No.003026 dtd. 15/3/2012 for a sum of Rs.2,40,450.00 drawn on City Union Bank Limited, Sulthanpet Branch, Bengaluru. The said cheque was presented on 2/6/2012 for encashment, but it was returned unpaid on 5/6/2012 with a shara 'payment stopped by drawee'. Thereafter, on 15/6/2012, a legal notice was issued to the accused calling upon him to pay the amount mentioned in the cheque. The accused received the legal notice on 16/6/2012, sent by RPAD. However, failed to pay the portion of the dishonoured cheque amount. On the other hand, issued a reply notice dtd. 23/6/2012 denying the liability and failed to make the payment within the stipulated time and thereby committed an offence under Sec. 138 of the N.I. Act.