RONGHE SALES Vs. R.S.CONSTRUCTION

JUDGEMENT

(1.) By preferring this application, the applicant is seeking leave to prefer an appeal against acquittal passed in S.C.C. No.5529/2019 dtd. 13/1/2023.

(2.) The appellant is the original complainant who has filed the complaint under Sec. 138 of the Negotiable Instrument Act, 1881 through his Power of Attorney Holder.

(3.) As per the contention of the complainant, the complainant is the wholesale Distributor of Sintex plastic tanks, Paras SWR fitting, Cera fitting and agricultural pipes etc. It has supplied the various types of material between April 2017 to March 2018 to the accused and the amount of Rs.3,95,673.00 was due from the accused. On demand the accused issued the Cheque bearing No.024082 dtd. 15/11/2018 of Rs.50,000.00 and the Cheque bearing No.028493 dtd. 27/11/2018 of Rs.1,53,757.00, both drawn on Allahabad Bank, Manewada Road, Nagpur. Said cheques was deposited by the complainant in his account but it was returned with an endorsement "Exceed Arrangement" vide Cheque Return Memo dated 28-11- 2018. Therefore, the complainant issued the Demand Notice to the accused on 11/12/2018 which was received by the accused on 13/12/2018. But after receipt of the notice also accused failed to pay the amount and hence the complaint.