BETALA ASSOCIATES Vs. RAJMOHAN SINGH

JUDGEMENT

(1.) This appeal filed under Sec. 378(4) of Cr.P.C, is by the complainant, challenging the impugned judgment and order dtd. 8/10/2009, by which Sessions Court reversed the conviction of respondent/accused rendered by the trial Court for the offence punishable under Sec. 138 of N.I.Act.

(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 she is the proprietrix of M/s Betala Associates, engaged in manufacture and supply of chemicals. Accused is the proprietor of M/s Munna Chemicals. On the request of accused, complainant supplied Hydrochloric acid and caustic soda flakes for a total sum of Rs.1,30,714.00 on different dates. Towards repayment of it, initially accused issued a cheque for a sum of Rs.55,224.00. However, when it was presented for realization, it was returned with endorsement "insufficient funds". In fact complainant issued a legal notice and after receipt of the same, accused approached the complainant, with a request not to take any legal action and issued a cheque for Rs.1,30,714.00 dtd. 25/5/2005, with a promise that he would arrange for the amount.