P.P. BIJOY Vs. PAPER PACKAGING PVT LTD

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent.

(2.) The factual matrix of the case of the complainant/respondent before the Trial Court that the accused have purchased Kraft paper worth Rs.5,06,905.00from the complainant on credit basis vide bill Nos.4865, 02, 230, 408 and 548 through the authorized agent of the complainant M/s Vee Gee Enterprises and for discharge of the same, accused have issued a cheque bearing No.0980840 drawn on the Federal Bank Limited, Muthalamada Branch for Rs.4,90,000.00 dtd. 29/2/2008 in favour of the complainant and when the said cheque was presented for encashment, the same was dishonoured with an endorsement 'Exceeds Arrangement' and hence, the complainant had issued a demand notice calling upon the accused to make payment. Inspite of receipt of notice, the accused neither replied to the said notice nor repaid the cheque amount hence, filed the complaint.

(3.) On filing of the complaint, the Trial Court taken cognizance and allowed the parties to lead their evidence. In order to prove the case, the complainant company got examined one witness as PW1 and got marked the documents at Ex.P1 to P26. On the other hand, the statement of the accused was recorded under Sec. 313 of CPC and accused No.1 got examined himself as DW1 and got marked the documents at Ex.D1 to D5. The Trial Court taken note of the material on record and also considered the undisputed fact of purchase of the goods and also considered the evidence led by the accused that they have made payment of Rs.25,000.00 each thrice subsequent to filing of the complaint and even prior to filing of the complaint, an amount of Rs.10,000.00 was paid and the respondent also not disputed the said fact. The Trial Court having considered all these facts comes to the conclusion that the complainant was deprived of the money that was rightfully from six years four months and awarded an amount of Rs.6,30,000.00. Though the Trial Court made an observation that it is proper to impose penalty and to award compensation by awarding 9% interest on the cheque amount, in the operative portion, interest is not awarded. This order was challenged before the First Appellate Court in Crl.A. No.118/2014.