RADHAMANI INDIA LIMITED Vs. BASUKINATH FOOD PROCESSORS LIMITED

JUDGEMENT

(1.) The judgment and order of acquittal passed in complaint case No. C-16191 of 2013 passed by the learned Metropolitan Magistrate, 3rd Court, Kolkata have been assailed in the instant appeal on the ground that the learned Magistrate erred in law and fact holding, inter alia, that notice under Sec. 138(b) of the Negotiable Instrument Act, 1981 was not served upon the respondents/accused persons.

(2.) The factual matrix leading to filing of the instant appeal is that in discharge of legally enforceable liability the respondent No.2 being one of the directors and authorized signatory of the respondent No.1/company issued a cheque amounting to Rs.20.00 lakhs on 15/3/2013 drawn on Axis Bank Limited, Barabazar Branch, Kolkata in favour of the complainant/company on 15/3/2013. The said cheque was deposited for encashment with the banker of the complainant/company, but it was dishonoured on the ground "funds insufficient " on 16/3/2013. This led the complainant to issue a notice through his learned Advocate on 11/4/2013 and 16/4/2013 respectively requesting the respondents to make payment of the said sum of Rs.20.00 lakhs within a period of 15 days from the date of receipt of the respective notices. The respondents neglected and refused to pay the said sum of Rs.20.00 lakhs in spite of receipt of demand notice. So was the complaint under Sec. 138 of the Negotiable Instrument Act was initiated.

(3.) During trial, authorized representative of the complainant/company was examined. Copy of notice under Sec. 138(b) of the Negotiable Instrument Act, postal receipt and postal track report in respect of respondent No.1/company were exhibited.