STARLINE AGENCIES Vs. R B AGENCIES

JUDGEMENT

(1.) The appellant is the complainant in S.T. No. 293/1997, the proceedings initiated under Section 138 of the Negotiable Instruments Act in which the accused was acquitted.

(2.) It is the case of the complainant firm that it is dealers in pipe fitting equipment wholesale had supplied goods to the first accused firm on cash credit basis and A2 who is the owner of the first accused firm had issued the impugned cheque for Rs. 33,630/- towards the amount due as per bills dated 28.3.96, 1.4.96 and 2.5.96. The cheque was dated 30.11.96 and when it was presented, the same was got dishonored on the ground 'funds insufficient'. Lawyer notice was sent to which the accused had replied raising untenable contentions. The evidence adduced in the matter consisting the testimony of PWs. 1 to 4, and Exts. P1 to 10; and the defence examined DW-1 and Exts. D1 and D2 marked.

(3.) It is the case set up by the accused that he had purchased pipe fittings prior to 30.11.95 and the amount due towards the same was Rs. 33,630 for which cheque bearing No. 549309 i.e., the impugned cheque was issued. The above amount was paid in 4 instalments as per demand drafts dated 12.12.95 for Rs. 10,630/-, 6.12.95 for Rs. 10,000/-, 28.12.95 for Rs. 5,000/- and 31.1.96 for Rs. 5,000/-. According to him, receipt of the amounts were endorsed "for non presentation of the cheque" on the photo copies of the relevant demand drafts. There was only a balance of Rs. 3000/-. But on 14.1.96, damaged pipe fittings for Rs. 2241/- were returned to the complainant and hence only Rs. 241/- is due.