ARSH ELECTRONICS PVT LTD Vs. TELEMATICA STAR LTD

JUDGEMENT

(1.) Both the above petitions are being disposed of together as not only the facts involved therein are similar but the question of law which needs to be answered is also same.

(2.) Petitioner seeks leave to appeal against the judgments passed by the learned Metropolitan Magistrate, Patiala House Courts, New Delhi whereby complaints under Section 138 and 142 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as "said Act"), have been dismissed resulting in acquittal of the respondent (accused).

(3.) In the complaint involved in Crl. L.P. No. 13/2009, petitioner alleged that it had supplied certain electronic goods to respondent No. 1 M/s. Telematica Star Ltd. vide bill No. 056 dated 21st May, 2003 for Rs.1,07,467.26. In order to clear its liability respondent No. 1 issued a cheque bearing No. 937273 dated 16th August, 2003 for Rs.1,07,467.26 drawn on ICICI Bank Ltd., Defence Colony, New Delhi favouring the petitioner. On presentation, said cheque was returned dishonored vide memo dated 18th August, 2003 on the ground "insufficient account balance". Petitioner informed this fact to the respondent when he was asked to present the cheque again. As advised, petitioner presented the cheque with its banker for encashment but the same was again returned dishonored on 6th September, 2003 on the ground "payment stopped by the drawer". Since the amount involved in the cheque remained unpaid by the respondent, within the statutory period, despite service of demand notice dated 10th September, 2003, complaint was filed.