TITANOR COMPONENTS LTD Vs. TECHNO ENGINEERS

JUDGEMENT

(1.) This is complainant's appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881, by Judgment dated 10-3-2006 of the learned J.M.F.C, Panaji.

(2.) Heard learned Counsel on behalf of both parties.

(3.) There is no much dispute as regards the facts. The complainant is the supplier of Water Purification Plant and the accused was their commission agent. In terms of agreement dated 20-8-2001 a cheque for a sum of Rs. 3,52,130/- was given by the accused to the complainant and the same was kept replaced from time to time. In terms of the said agreement one such plant was supplied to the Delhi Jal Board upon the advice of the accused. The said plant was to remain as the property of the complainant till such time an order to purchase the same was received from the said DJB (Delhi Jal Board). The said cheque was a post-dated cheque, dated 180 days after the date of agreement. In terms of the said agreement, in case the process of placing an order was not commenced by DJB within 180 days from the date of the despatch of the plant/ machine or DJB communicated its decision not to place an order at any earlier period of 180 days from the despatch of the machine for any reason whatsoever, the machine would be taken back by the complainant and it would be the responsibility of the accused to arrange for the machine to be sent back to the complainant on receipt of instructions from the complainant. Clause (h) of the said agreement, which is by far the most important, reads as follows :-