LAXMI ENTERPRISES Vs. MAA SHEETLA INDUSTRIES

JUDGEMENT

(1.) The present appeal has been directed against the judgment dated 08.10.2010, passed by the Judicial Magistrate, 1st Class, Hisar, whereby the respondents have been acquitted of the offence punishable under Section 138 read with Section 142 of the Negotiable Instalments Act, 1881 (in short, 'the Act'). The facts relevant for disposal of the present appeal are that petitioner M/s. Laxmi Enterprises through its proprietor Shri Hari Om Kaushik filed the complaint on the allegations that the aforesaid firm deals in sale and purchase of recycled lubricating oil etc. On 13.02.2002, accused No. 2 (respondent herein) issued cheque No. 454067 dated 13.02.2003 in the sum of Rs. 74,693.00 drawn on Bank of Baroda, Churu on behalf of M/s. Maa Sheetla Industries-accused No. 1, in discharge of its liability towards payment of goods purchased vide Bill No. 1248 dated 13.02.2003. The cheque got dishonoured and returned vide memo dated 13.02.2013 with the remarks 'account closed'. Intimation to this effect was given to the complainant, vide Banker's memo dated 20.03.2003. The accused failed to make payment of the cheque amount, despite receipt of registered notice dated 01.04.2003.

(2.) After recording evidence during preliminary inquiry, the accused were summoned to face proceedings. On appearance of accused No. 2, notice of accusation for committing offence punishable under section 138 of the Act was served upon her, to which she pleaded not guilty and claimed trial.

(3.) To prove its case, the complainant examined. Amar Singh, Computer Operator, Union Bank of India, Hisar as P.W.1, Shri Hari Om Kaushik as P.W.2 and Smt. Kavita, an official from Bank of Baroda as P.W.3.