MOKKAN MARKETING Vs. L.R. ASSOCIATES

JUDGEMENT

(1.) Being aggrieved by dismissal for default of complaint filed by him for the offence punishable under Sec. 138 of N.I.Act, complainant has come up with this appeal.

(2.) For the sake of convenience the parties are referred to by their rank before the trial Court.

(3.) It is the case of the complainant that it is a partnership firm. At the request of accused, a Proprietorship concern, his services were engaged in mid 2009 to promote complainant's business on remuneration solely based on incentive in the form of commission. Accordingly, accused started promoting the business of complainant. At his request, complainant financially supported the accused and by January 2011, accused was due in a sum of Rs.8,00,942.00. Towards discharge of the said liability, accused issued 14 post dated cheques for a total sum of Rs.8,00,942.00. Out of them complainant presented three cheques for a sum of Rs.2,37,800.00 for encashment. The same was dishounoured on the ground of insufficiency of funds resulting in filing of the complaint before XV ACMM, Bengaluru. After taking cognizance, suit summons was ordered to be issued to the accused.