BANSAL PLYWOOD Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to impugned judgment dated 28.10.2015 passed by the Trial Court whereby respondents 2 and 3 were acquitted for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 (in short "NI Act").

(2.) Brief facts leading to the present criminal appeal are that the appellant, a proprietary firm through sole proprietor Pawan Bansal is engaged in the business of supplying timber and plywood. The respondent no.3 is the proprietor of respondent no.2 firm M/s Bosecage. Respondent no.1 through its proprietor used to purchase timber and plywood from the appellant. On 18.12.2010 the respondent no.2 and 3 had purchased goods worth Rs. 1,72,522/- from the appellant and a bill no.254 (tax invoice) was raised against this transaction. Respondent no.3 issued a cheque no.222181 dated 18.12.2010 drawn on State Bank of India, branch Kalkaji, New Delhi in favour of the appellant against the said Bill. The said cheque was dishonoured for the reason "Payment Stopped by Drawer" vide memo dated 21.12.2010. The appellant got issued a legal notice dated 31.12.2010 by Regd. AD and UPC dated 04.01.2011 to the respondent no.2 through its proprietor respondent no.3 calling upon them to make the payment within 15 days of the receipt of the notice. Notice was duly served upon respondent no.2 and 3. Despite the service of notice, the respondents no.2 and 3 failed to make the payment within the stipulated period of 15 days and hence the complaint.

(3.) The Trial Court acquitted respondents 2 and 3 on two grounds (i) the bill/invoice no. 254 dated 18.12.2010 had cutting/ interpolation on the date mentioned on it and (ii) no other invoice was placed on record to show that the appellant and respondents no.2 and 3 had dealings up to December 2010.