SHOBIT POLYCLINIC PRIVATE LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner/complainant an authorised stockiest of M/s Standard Combines Private Limited for Standard Tractors, had launched a prosecution under Section 138 of the Negotiable Instruments Act against respondents no. 1 and 3/accused who are its authorised dealer for the sale of standard tractors. Respondent no. 2 is the sole proprietor of firm No. 1 while respondent no. 4 is the sole proprietor of respondent no. 3 concern.

(2.) RESPONDENTS no. 3 and 4 obtained a tractor from the petitioner/complainant on credit basis. A sum of Rs. 365750/- was outstanding against them as on 10.1.2006. Respondents No. 1 and 3 issued a cheque of that amount to the petitioner/complainant on 17.4.2006. It was presented but it bounced on account of insufficiency of funds. On 21.4.2006, a representative of respondent no. 1/accused visited the premises of the complainant at Hisar and handed over a cheque for Rs. 2,50,000/- drawn on Punjab National Bank, Karnal in favour of petitioner/complainant. The cheque bore the signature of respondent no. 2/accused. Along with it, respondents no. 3 and 4 also handed over a letter conceding that cheque was being issued in discharge of an outstanding liability. However, the cheque again bounced on 24.4.2006, with an endorsement by the banker that the amount of cheque exceeded the arrangement made by the respondents/accused with their bank.

(3.) I find that the findings of fact recorded by the learned Trial Judge are relatable to the material obtaining on the file and there is nothing perverse in the appreciation of evidence by the learned Trial Judge. Petition dismissed.