LUXMI ENTERPRISES Vs. MAA SHEETLA INDUSTRIES

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12.7.2008 passed by the Court of learned Judicial Magistrate 1st Class, Hisar whereby she dismissed the complaint lodged under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as the Act) and acquitted the accused.

(2.) The allegations in the complaint are that the complainant M/s. Luxmi Enterprises, Gali No. 4-B, Surya Nagar, Hisar deals in the sale and purchase of recycled lubricating oil, etc. This firm had business dealing with the accused firm Respondent No. 1 through its proprietor accused No. 2. On 13.3.2002 the accused No. 2 issued a cheque No. 454067 dated 13.2.2003 for Rs. 74,693/- drawn on Bank of Baroda, Churu on behalf of firm accused No. 1 to the complainant in discharge of its liability as payment of the price of goods purchased vide bill No. 1248 dated 13.2.2003. The cheque was presented for collection. The same was bounced and returned vide memo dated 13.2.2003 with the remarks "Account closed". The requisite intimation in this behalf was given to the complainant by its Banker vide memo dated 20.3.2003. A registered notice dated 1.4.2003 was issued to the accused calling upon to make the payment of the cheque amount. The notice was served upon the accused on 8.4.2003, but despite that they failed to make the payment of the cheque amount.

(3.) After hearing the learned Counsel for the parties and examining the evidence on record, the learned Trial Court dismissed the complaint as noticed at the outset. Feeling aggrieved therewith, the Appellant has preferred this appeal against the impugned judgment.