ABHIJIT KONAR Vs. ABHIJIT SARKAR

JUDGEMENT

(1.) The present revision has been preferred against the judgment and order dtd. 29/11/2019 passed by the Learned Sessions Judge, Birbhum, passed in Criminal Appeal No. 28 of 2019 arising out of the judgment and order dtd. 19/2/2019 passed by the Judicial Magistrate, 3rd Court, Suri, Birbhum, in Complaint Case No. 537 of 2015 in the proceeding under Sec. 138 of the Negotiable Instrument Act, 1981.

(2.) The petitioner's case is that on 26/2/2016 the opposite party no. 1 filed an application in the Court of the Judicial Magistrate, 3rd Court, Suri, under Sec. 138 of the Negotiable Instrument Act, 1981 against the petitioner alleging the facts that he is a trader and general order supplier carrying on business in the name and style as 'Sunny Traders' situated at Sontsal. He further alleged that he supplied stone chips valued at Rs.6,74,999.00 which the petitioner has received on 8/4/2014 vide invoice Bill No. 440/2014-15 against the said stone chips the petitioner issued an Account Payee Cheque on 23/9/2015. He deposited the said cheque in the SB A/c of Sunny Traders on 11/11/2015 when it was reported that the Bank Account has been closed. Thereafter a notice was issued to the petitioner through the learned Advocate on 18/11/2015. The said notice was delivered on 26/11/2015. On the basis of the said complaint, a case has been registered being No. C-537/15.

(3.) The specific case of the petitioner herein is that the petitioner is an authorized supplier of Essr. Project at Kota, Panagarh. The opposite party no. 1, who is a supplier of stone chips in various categories agreed to supply stone chips (i) on deposit of a Blank Cheque, (ii) after delivery of stone chips payment would be effected. The said transaction continued till 2012. After 2012, there was no business with the said 'Sunny Traders'. That upto 2012 the amount due was paid to 'Sunny Traders'.