ACURA GLASS TILES ENTERPRISES Vs. S.S. RAY

JUDGEMENT

(1.) The present appeal under Section 378 Cr PC is directed against the judgment dated 02.06.2009 passed by Sh. Manoj Kumar, ASJ, New Delhi in CC No.399/2009 titled as Acura Glass Tiles Enterprises v. S.S. Ray, whereby the appellants complaint under Section 138 of the Negotiable Instruments Act, 1881 (the Act) was dismissed, and the respondent/accused was acquitted.

(2.) The aforesaid complaint had been preferred by the appellant/ complainant in respect of four cheques, details whereof are as follows: <FRM>JUDGEMENT_180_LAWS(DLH)1_2015_1.html</FRM>

(3.) On the aspects not in dispute, and with regard to which no issue was raised or argued by either side, I do not consider it necessary to record the facts and the findings. The case of the complainant/appellant was that there were business transactions between the parties. This position is not disputed by the respondent. The parties entered into a settlement Exh.CW-1/A on 04.05.2006, which was executed on the letterhead of Sonifix Enterprises, which admittedly is a proprietary concern of the respondent. The same reads as follows: