KIDS COLLECTIONS Vs. SHRISHTI COLLECTION

JUDGEMENT

(1.) Crl.M.A.Nos.9619/2016 (delay) in CRL.L.P. 328/2016

(2.) Case of the petitioner as per the complaints is that the petitioner was engaged in the business of kids garments and respondent was the customer of the petitioner who was purchasing the goods from time to time on cash and credit basis. Petitioner had maintained a running account of the respondent. It is the case of the petitioner that the respondent in discharge of his partial liability against the purchases made issued cheques bearing numbers 376922 dated 20th July, 2006 for a sum of Rs. 33,431/-, 376923 dated 25th July, 2006 for a sum of Rs. 32,477/-, 376924 dated 30th July, 2006 for a sum of Rs. 23,826/- and 376925 dated 5th August, 2006 for a sum of Rs. 15,558/- all drawn on ICICI Bank, Rajouri Garden, New Delhi. When the cheques were presented for encashment, they were returned unpaid with remarks "insufficient funds" vide dishonour memos dated 8th August, 2006. Legal notice dated 1st September, 2006 was sent to the respondent through registered post and UPC, however, despite notice, the respondent failed to make the payment within the stipulated period of time, hence, the complaints were filed.

(3.) Notice under Section 251 Cr.P.C. was framed against the respondent vide order dated 17th November, 2009 to which he pleaded not guilty and claimed trial.