CHETNA FAB FINISH Vs. SUDHA COLLECTION

JUDGEMENT

(1.) Crl.M.A. 7398/2018 (Exemption)

(2.) Petitioner Chetna Finish Fab, through its proprietor Raj Kumar, filed complaint case no. 614650/16 under Section 138 Negotiable Instruments Act, 1881 (in short 'NI Act') stating that Sudha Collection (respondent) through its proprietor C. V. Ramana Rao was engaged in export of home products. Chetna Finish Fab used to perform printing work for Sudha Collection and as per the books of accounts, an amount of Rs. 15,93,063/- was due to Chetna Finish Fab towards the job work. Sudha Collection in discharge of its liability issued a cheque bearing no. 71515 dated 19th July, 2010 for a sum of Rs. 5,00,000/- drawn on Syndicate Bank, SME Branch, Sector-18, Noida. When the cheque was presented for encashment, it was returned vide memo dated 28th August, 2010 with remarks 'Insufficient Funds'. Chetna Finish Fab issued a legal notice dated 21st September, 2010 through registered post but Sudha Collection failed to make the payment, hence the present complaint.

(3.) To substantiate the case, Raj Kumar examined himself as CW-1, adduced his evidence by way of an affidavit vide Ex.CW-1/A and exhibited original cheque as Ex.CW-1/3, return memo as Ex.CW-1/4, legal notice as Ex.CW-1/-5, postal receipt as Ex.CW-1/6 and complaint as Ex.CW-1/C.