SOVA SAHA ROY Vs. NANDESH DAS

JUDGEMENT

(1.) ON 25.02.2014 when this matter was taken up none had appeared for the petitioner and, therefore, when the matter was adjourned for today it was clearly mentioned that if none appears for the petitioner today, the matter shall be decided on the basis of the record.

(2.) BRIEFLY stated, the facts of the case, are that the complainant (respondent herein) is the proprietor of M/s Auto Mechno at Agartala. The petitioner Smt. Sova Saha Roy is the proprietor of business styled as M/s Badal Paper Product at Subashnagar, Pratapgarh. According to the complainant, the petitioner purchased stationery from the complainant of the value of Rs. 2,90,740/ -. She paid Rs. 50,000/ - in cash and issued 11 (eleven) cheques for the balance of Rs. 2,40,740/ -. These cheques were of different amounts but the total sum was Rs. 2,40,740/ -. The complainant presented the eleven cheques to his banker, State Bank of India, Agartala on 20th July, 2001 and on 25th July, 2001 the complainant was informed by his banker that all the cheques were dishonoured for insufficient funds in the account of the present petitioner. Thereafter, the complainant issued notice upon the accused petitioner on 06.08.2001 requesting the petitioner accused to pay the entire amount within a period of 15 days from the date of receipt of the notice. The petitioner accused received the notice on 06.08.2001 but still did not pay the amount and, therefore, the complaint under Section 138 of the Negotiable Instrument Act, was filed.

(3.) AGGRIEVED by the said judgment, the petitioner filed an appeal before the learned Sessions Judge, West Tripura, Agartala. The main point raised was that no offence under Section 138 of the Negotiable Instrument Act, had been committed since the claimant had failed to prove that the cheques were issued to discharge the liability which the accused owed to the complainant. This appeal has been rejected and hence the present petition.