SIDAK AUTOMOBILES PRIVATE LIMITED Vs. RAJ NATH AUTOMATIVE

JUDGEMENT

(1.) THE instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 07.10.2013 passed by learned Judicial Magistrate Ist Class, Karnal whereby complaint filed by applicant under Sections 138/142 of the Negotiable Instruments Act (in short, 'the Act') has been dismissed and respondent has been acquitted of the notice of accusation issued against him.

(2.) BRIEF facts of the case are that a complaint was filed by the applicant -complainant under Sections 138/142 of the Act alleging that the applicant through its Managing Director, Tejwant Singh, deposited a sum of Rs. 36,31,946/ - with the accused as a part payment for purchase of two Mercedes Cars uptill 14.12.2007. However, the respondent instead of purchasing cars, used the said money for his own purpose. The accused did not buy the Mercedes cars for complainant within the stipulated time bound and kept on postponing the matter on one pretext or the other. Finally, the accused admitted his failure to buy cars for the complainant and preferred to return the money to the complainant. The accused admitted his liability to pay the principal amount, interest accrued thereupon and difference of Euro rate and issued the cheques to discharge his liability. Out of these cheques, cheque No. 0704677 dated 20.05.2008 for Rs. 6,31,946/ - drawn at Corporation Bank New Delhi, in favour of the complainant was returned unpaid vide memo dated 11.7.2008 with remarks "Stop Payment". The bankers of the complainant intimated the complainant regarding the dishonouring of cheque on 13.7.2008. Thereafter, statuary legal notice dated 25.7.2008 was served upon the accused through registered post whereby he was called upon to make the payment of the cheque amount but the accused failed to make the payment within the stipulated period of 15 days and hence the complainant filed the complaint.

(3.) THE complainant, in order to prove its case, examined Chand Ram, official of Punjab National Bank as C.W. 1, Parkash Yadav, official of Corporation Bank, New Delhi as C.W. 2 and Tejwant Singh, Managing Director of the Company as C.W. 3. Thereafter, statement of the respondent -accused under Section 313 Cr.P.C. was recorded wherein he pleaded complete innocence and false implication.