SWASTIK PAPER & PACKAGING Vs. AMIT UPADHYAYA

JUDGEMENT

(1.) For the reasons stated in the application delay of 8 days in filing the leave to appeal petition is condoned.

(2.) Facts leading to the present case as per the complaint are that the petitioner is a proprietorship concern dealing in business of papers and packaging and the respondent used to have a running account with the petitioner company for purchasing papers. The respondent had placed an order for supply of papers with an assurance of payment on delivery vide invoice dated 29th April 2011 and 30th April 2011 amounting to a total of Rs. 5,80,598.00 and as there was a previous balance of Rs. 35,983.00 on the respondent and the petitioner had later purchased paper from the respondent for a sum of Rs. 1,80,611/-, after adjusting the same the liability of the respondent towards petitioner as on 30th April 2011 was of Rs. 4,35,970.00. In discharge of that liability the respondent issued a cheque bearing number 158770 drawn on Syndicate Bank for a sum of Rs. 4,35,970.00 in favour of the petitioner company. On presentation of the aforesaid cheque, it was dishonoured with remarks 'Account Closed' vide return memo dated 19 th Sept. 2011. Legal demand notice was sent to the respondent. Despite the service of legal notice, the respondent failed to make the payment. Hence, the complaint.

(3.) Notice under Sec. 251 Crimial P.C. was framed against the respondent to which he pleaded not guilty and claimed trial. In his defence he claimed that the petitioner had cheated him and he was not liable to pay any amount to the petitioner. He further submitted that he used to supply goods to the petitioner and a sum of Rs. 2,68,781/- had to be paid by the petitioner to him.